HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 17942 of 2021 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Rejoinder affidavit filed today on behalf of the applicant is taken on record. 2. Sri Rahul Srivastava, learned counsel for C.B.I. apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 3. Heard Sri Vibhu Rai, learned Advocate holding brief of Sri Abhinav Gaur, learned counsel for the applicant and Sri Rahul Srivastava, learned counsel for C.B.I. 4. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R. No. RC3(E)/2006 EOW-I DLI (Special Case No. 8/2021), under Sections 420, 467, 468, 471 IPC and Section 13(2) read with Section 13(1)(d) P.C. Act, Police Station CBI/EOW-1, New Delhi with a prayer to enlarge him on anticipatory bail during trial. 5. Learned counsel for the applicant submits, however, as per allegation, by committing fraud and forgery applicant and other accused misused the exemption certificate issued by Shipping Corporation but entire allegation leveled against the applicant is totally false. 6. He further submits, FIR of the present case was lodged in the year 2006 and during investigation applicant cooperated with the investigation and Investigating Officer did not make his arrest. Versus Counsel for Applicant(s) : Abhinav Gaur, Mohd. Rashid Siddiqui, Sr. Advocate Counsel for Opposite Party(s) : Rahul Srivastava, Sanjay Kumar Yadav Dhananjay Pathak .....Applicant(s) Cbi .....Opposite Party(s) 7. He further submits, when in the year 2021 charge-sheet was filed then thereafter he filed instant anticipatory bail application before this Court and on 14.12.2021 the co-ordinate Bench of this Court was pleased to enlarge him on interim anticipatory bail after considering the entire facts of the case. 8. He further submits, applicant did not misuse the liberty granted to him and he is regularly attending the trial court. He further submits, applicant is not having any criminal history. 9. He further submits, therefore, considering the above facts, the interim anticipatory bail granted to the applicant vide order dated 14.12.2021 may be confirmed. 10. Per contra, learned counsel for C.B.I. opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation, applicant was one of the facilitator to get exemption certificate and he misused the exemption certificate issued by Shipping Corporation but it reflects, FIR of the present case was lodged in the year 2006 and charge-sheet has been filed in the year 2021 and during investigation applicant has not been arrested though he fully cooperated with the investigation. 13. Further, record also suggests that after submission of the charge-sheet when applicant filed instant anticipatory bail application in the year 2021 then on 14.12.2021 the co-ordinate Bench of this Court was pleased to enlarge him on interim anticipatory bail and till date he is on interim anticipatory bail and there is no allegation that he misused the liberty granted to him. 14. Further, applicant is not having any criminal history. 15. Therefore, considering the facts and circumstances of the case, the interim anticipatory bail granted to the applicant vide order dated 14.12.2021 is hereby confirmed. The applicant- Dhananjay Pathak shall remain on anticipatory bail till conclusion of trial on the same condition as imposed by this Court vide order dated 14.12.2021. ABAIL No. 17942 of 2021 2 16. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 17. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 23, 2025 AK Pandey ABAIL No. 17942 of 2021 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad