Neutral Citation No. - 2025:AHC:107170 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4727 of 2025 Applicant :- Hari Shanker Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Adison Patel,Ram Lalit Chaudhary,Vijay Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Ram Lalit Chaudhary, learned counsel for the applicant and Sri Ashutosh Singh, learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 2084 of 2007, under Sections 409, 419, 420, 467, 468, 471, 120-B IPC and Section 13(2) Prevention of Corruption Act, Police Station Kotwali, District Deoria, with a prayer to enlarge him on anticipatory bail. 3. Learned counsel for the applicant submitted that FIR of the present case was lodged in the year 2007 against the applicant with the allegation that he was posted as accountant in the police department and he misappropriated the public fund but entire allegation made against the applicant is totally false. 4. He further submitted that investigation of the case continued till the year 2022 and when in the year 2022, Investigating Officer tried to arrest the applicant then applicant filed Criminal Misc. Writ Petition No. 14319 of 2022 and on 29.09.2022 Division Bench of this Court was pleased to stay the arrest of the applicant till submission of the police report under Section 173(2) Cr.P.C. He further submitted that now charge sheet has been filed and summons have been issued and applicant is having apprehension if he will appear before the court concerned then he will be sent to jail. 5. He further submitted that applicant has already been retired from service in the year 2011 and at present he is 72 years' of age, therefore, after more than 25 years at the age of 72 years, he should not be sent to jail in the instant matter. 6. He further submitted that as investigation of the case has already been concluded, therefore, custodial interrogation of the applicant does not appear to be necessary. 7. He further submitted that applicant is not having any criminal history, therefore, considering the above facts, applicant should be enlarged on anticipatory bail till conclusion of trial. 8. Per contra, learned A.G.A. however, opposed the prayer for grant of anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. However, applicant was accountant in the police department and allegation of misappropriation of public fund made against him appears to be quite serious but FIR of the present case was lodged in the year 2007 and till September, 2022 investigating agency did not arrest the applicant and when investigating agency tried to arrest him then he filed Criminal Misc. Writ Petition No. 14319 of 2022 before this Court and on 29.09.2022 this Court stayed his arrest till submission of police report under Section 173(2) Cr.P.C. 11. Further, from the record, it could not be reflected that during investigation, applicant did not cooperate with the investigation. 12. Further, now charge sheet has been filed and considering the general practice adopted by the courts now-a-days, apprehension of arrest raised by applicant cannot be completely ruled out. 13. Further, as charge sheet has already been submitted, therefore, there is no need of custodial interrogation of the applicant. 14. Further, applicant has already been retired from service in the year 2011 and at present he is 72 years' of age. 15. Further, applicant is not having any criminal history. 16. 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. 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, Hari Shanker Tiwari 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 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 conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 20. 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. Order Date :- 8.7.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad