Neutral Citation No. - 2025:AHC:115655 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3953 of 2025 Applicant :- Shailesh Kumar Sahay Opposite Party :- State of U.P. Counsel for Applicant :- Sunil Dubey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Shri Vivek Sandilya, learned Senior Counsel assisted by Shri Sunil Dubey, learned counsel for the applicant and Shri Ashutosh Singh, learned A.G.A. for the State-respondent 2. The instant anticipatory bail application under Section 482 B.N.S. has been filed by the applicant to release him on anticipatory bail in Case Crime No.7 of 2021, under Sections 13(1) (B) and 13(2) Prevention of Corruption Act, 1988, Police Station Gorakhpur Sector (Vigilance Establishment), District Basti, during pendency of the trial in the court below. 3. Learned counsel for the applicant submits that as per allegation, applicant earned more property than his income but entire allegation levelled against him is totally false. 4. He further submits even during investigation, applicant has not been arrested, however, he fully co-operated with the investigation and without his arrest, charge-sheet has been filed against him. 5. He further submits that however, charge-sheet against the applicant has been filed on 21.04.2023 but applicant could not become aware about it and when police arrived at his door in last week of April, 2025 then he came to know that charge-sheet has already been filed against him. 6. He further submits that applicant is having apprehension if he will appear before the court concerned then he will be sent to jail. 7. He further submits that as charge-sheet in the present matter has already been submitted, therefore, custodial interrogation of the applicant is not required in the present matter. 8. He further submits that applicant is having no other criminal history to his credit. 9. Per contra, learned AGA however opposed the prayer for bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 10. I have heard learned counsel for both the parties and perused the record of the case. 11. However, it appears to be a case of disproportionate income but it appears, applicant co-operated with the investigation and Investigating Officer did not arrest him and without his arrest, he submitted charge-sheet against him. 12. Further, as charge-sheet in the present matter has already been submitted, therefore, custodial interrogation of the applicant is not required in the present matter. 13. Further, considering the general practice adopted by the courts concerned now a days the apprehension of arrest raised by applicant, cannot be ruled out. 14. Further, this Court finds merit in the argument advanced by learned Senior Counsel appearing on behalf of the applicant that as during investigation, applicant has not been arrested, therefore, it is not proper to send him jail after submission of charge-sheet. 15. Further, applicant is having no other criminal history to his credit. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on bail in the instant matter till conclusion of trial. 17. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 18. In the event of arrest of the applicant, Shailesh Kumar Sahay involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- (i). that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; (ii). that the applicant shall not leave India without previous permission of the court; (iii). that the applicant shall not tamper with the evidence during the trial; (iv). that the applicant shall not pressurize/ intimidate the prosecution witness; (v). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 19. In case of breach of any of the above condition, the prosecution will be at liberty to move an application before this Court for cancellation of the bail of the applicant. 20. It is clarified that the observations made herein are limited to the facts brought in by the parties pertaining to the disposal of anticipatory bail and the said observations shall have no bearing on the merits of the case during trial. Order Date :- 16.7.2025 Zafar Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad