HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10204 of 2023 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, 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. 215 of 2023, under Sections 419, 420, 467, 468, 506, 471, 120-B I.P.C., Police Station Shahpur, District Gorakhpur, with the prayer that in the event of arrest, applicant may be released on bail. 3. Learned counsel for the applicants submits that applicant had filed the present anticipatory bail application before submission of charge sheet and this Court after considering the entire facts and circumstances of the case, vide order dated 12.09.2023 granted interim anticipatory bail till the next date of listing. Learned counsel further submits that the applicant is not named in the F.I.R. and as per prosecution story, the named accused persons in collusion with one unknown person are stated to have duped the informant to the tune of Rs. 37 lakhs for getting four persons appointed in the Food Corporation of India by showing themselves to be office bearers of the same. Learned counsel further submits that till date charge sheet has not been filed against the applicant and there is an apprehension that he may be arrested in the above mentioned case, whereas there is no credible evidence against him. It was also submitted that applicant undertakes to cooperate during investigation and trial and he would appear as and when required by the trial Court. It has been stated that in case, 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 application for anticipatory bail, but he could not dispute the above submission of learned counsel for the applicant that the investigation is still going on against the applicant and that no charge sheet has been filed against him as yet. Versus Counsel for Applicant(s) : Brahma Nand Tripathi, Ravindra Kumar Dubey Counsel for Opposite Party(s) : G.A. Karuna Nidhan Mishra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 principle 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-Karuna Nidhan Mishra, involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions :- (i) the applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) the applicant would cooperate during investigation and trial and would not misuse the liberty of bail. 9. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. September 16, 2025 Mustaqeem. ABAIL No. 10204 of 2023 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad