Neutral Citation No. - 2025:AHC:19913 Court No. - 73 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 299 of 2025 Applicant :- Manoj Kumar Rai Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Giri Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No. 41B of 2006, under sections - 406, 419, 420, 467, 468, 471, 201, 218, 120-B, 34 I.P.C. and Section - 13 (2) of Prevention of Corruption Act, Police Station - Sukhpura, District-Ballia, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. The applicant has no role in the commission of the alleged offence. The applicant has remained posted as Block Development Officer in District - Ballia for a period of only one year, whereas the alleged incident pertains to long period of six years. No specific allegation has been made against applicant. Learned counsel submitted that the first information report was lodged in the year, 2006 but investigation is still going on and no charge-sheet has been submitted, whereas period of nineteen years has passed. Similarly placed co-accused Ram Palat, who has also remained posted as Block Development Officer, has been granted anticipatory bail by the co-ordinate Bench of this Court. Several other co-accused persons have also been granted anticipatory bail by this Court. The applicant undertakes to co-operate during trial and he would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. 4. Learned A.G.A. has opposed the prayer for anticipatory bail and argued that the applicant was involved in the conspiracy, wherein, embezzlement of public funds has taken place. However, it could not be disputed that in several co-accused persons have already been granted anticipatory bail by this Court. 5. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 6. In the instant case, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 7. The anticipatory bail application is allowed. 8. In the event of arrest of the applicant - Manoj Kumar Rai in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court below concerned with the following conditions :- i. The applicant shall not tamper with the evidence during the trial. ii. The applicant shall not pressurize/ intimidate the prosecution witness. iii. The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. iv. The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. v. The applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above conditions, the Court below shall be at liberty to cancel bail of applicant in accordance with law. Order Date :- 11.2.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad