HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12280 of 2023 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Shi Sunil Chaudhary, learned counsel for the applicant and Sri R. N. Srivastava, learned A.G.A. for the State-respondent. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No.0022 of 2018, under Sections 409, 420, 467, 468, 471, 120-B IPC and Section 13(1)C of Prevention of Corruption Act, P.S. E.O.W., District Meerut, with a prayer to enlarge him on anticipatory bail. 3. Learned counsel for the applicant submits that applicant was Manager in an educational institute and as per allegations, he along with other accused misappropriated the scholarship amount of the students but entire allegations level against the applicant are totally false. 4. He next submits that on 9th November, 2023 the Co-ordinate Bench of this Court has directed that no coercive action shall be taken against the applicant and he did not misuse the liberty granted to him. 5. He further submits that FIR of the present case was lodged in the year 2018, therefore after seven years, there is no occasion to send the applicant behind the bar. 6. He next submits that therefore, considering the above facts, applicant may be enlarged on anticipatory bail. 7. Per contra, learned A.G.A. however, opposed the prayer for grant of Versus Counsel for Applicant(s) : Avnish Kumar Srivastava, Gyan Mani Singh Chauhan, Sunil Choudhary Counsel for Opposite Party(s) : G.A. Dilshad .....Applicant(s) State of U.P. and Others .....Opposite Party(s) anticipatory bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. However, as per allegations, applicant was Manager in an educational institute and he along with others misappropriated the scholarship amount of the students but it reflects when in the year 2023 he filed the instant anticipatory bail application then on 9th November, 2023 Co-ordinate Bench of this Court directed that no coercive action shall be taken against him. 10. Further, FIR of the present case was lodged in the year 2018. 11. Therefore, considering the facts of the case, this Court finds merit in the arguments advanced by learned counsel for the applicant that now there is no occasion to send the applicant behind the bar. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on anticipatory bail till conclusion of trial. 13. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 14. In the event of arrest of the applicant, Dilshad involved in the aforesaid case crime number, shall be released on 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 make himself available for interrogation by a police officer as and when required; ii. 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; iii. that the applicant shall not leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; ABAIL No. 12280 of 2023 2 vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 15. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 16. 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 24, 2025 Zafar ABAIL No. 12280 of 2023 3 (Sameer Jain,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad