HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12935 of 2023 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Sri Ashutosh Singh, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 2. Heard Sri Udit Chandra, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant under Sections 409, 420, 467, 468, 471, 120B IPC, Police Station Kotwali, District Bareilly with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, applicant was Chairman of Zila Panchyat and on his direction FIR of the present case was lodged but surprisingly during investigation he has been made accused in the present matter. 5. He further submits, in the year 2023 applicant filed instant anticipatory bail application and on 24.11.2023 the co-ordinate Bench of this Court directed that no coercive action shall be taken against applicant. 6. He further submits, applicant is having apprehension that if he will not be released on anticipatory bail then on his appearance he will be sent to jail. He further submits, after more than 15 years of alleged incident there is no occasion to send the applicant behind the bar. He further submits, applicant is not having any criminal history. Versus Counsel for Applicant(s) : Nitesh Patel, Udit Chandra Counsel for Opposite Party(s) : Smt Saroj Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 7. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard learned counsel for the parties and perused the record of the case. 9. As per allegation, applicant along with others misappropriated the public fund but it reflects, applicant was Chairman of Zila Panchayat and during investigation he has been made accused and on his instructions FIR was lodged. 10. Record further suggests that when in the year 2023 instant application has been filed then co-ordinate Bench of this Court vide order dated 24.11.2023 directed that no coercive action shall be taken against the applicant. 11. Further, applicant is not having any criminal history and apprehension of arrest raised by applicant cannot be ruled out. 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- Smt. Saroj Yadav 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:- 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; ABAIL No. 12935 of 2023 2 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; 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. October 8, 2025 AK Pandey ABAIL No. 12935 of 2023 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad