HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13637 of 2023 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Sri R.N. Srivastava, 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 Laxmi Kant Bhatt, learned counsel for the applicant and Sri R.N. Srivastava, learned AGA for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 23 of 2019, under Sections 409, 420, 467, 468, 471, 120B IPC and Section 13(1)C P.C. Act, Police Station E.O.W., District Meerut with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, FIR of the present case was lodged in the year 2019 and as per allegation applicant was Manager in a Madarsa and he along with other co-accused misappropriated the scholarship amount of the students but entire allegation leveled against the applicant is totally false. 5. He further submits, till date charge-sheet has not been filed and when applicant filed instant anticipatory bail application then the co-ordinate Bench of this Court vide order dated 06.03.2024 directed that no coercive action shall be taken against applicant. 6. He further submits, applicant is fully cooperating with the investigation and he is not having any criminal history, therefore, he may be enlarged on Versus Counsel for Applicant(s) : Laxmi Kant Bhatt Counsel for Opposite Party(s) : G.A. Mohd. Arif .....Applicant(s) State of U.P. and Another .....Opposite Party(s) anticipatory bail till conclusion of trial. 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. However, as per allegation applicant, who was Manager in a Madarsa along with other co-accused misappropriated the scholarship amount of the students but it reflects, investigation of the case is pending since the year 2019. 10. Further, when applicant filed instant anticipatory bail application in the year 2023 then co-ordinate Bench of this Court vide order dated 06.03.2024 directed that no coercive action shall be taken against the applicant and there is no allegation that applicant is not cooperating with the investigation. 11. Further, in view of this Court after six years after lodgement of the FIR there is no occasion to send the applicant behind the bar. Further, applicant is not having any criminal history. 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- Mohd. Arif 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 ABAIL No. 13637 of 2023 2 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; 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 7, 2025 AK Pandey ABAIL No. 13637 of 2023 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad