Neutral Citation No. - 2025:AHC:52461 Court No. - 78 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2765 of 2025 Applicant :- Hari Ram Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Udai Prakash Deo Pandey Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Singh,J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. This Criminal Misc. Anticipatory Bail Application under Section 482 BNSS has been moved by the applicant after rejecting his second anticipatory bail application by the order dated 09.12.2024 passed by Special Judge (Prevention of Corruption Act), Court No. 4, Varanasi seeking Anticipatory Bail in Case Crime No. 123 of 2010, under Sections 409, 419, 420, 120B, 201, 202, 467, 468, 471 IPC and Section 13(1), 13(2) of Prevention of Corruption Act, Police Station Ghorawal, District Sonebhadra. In the instant case, first information report was lodged on 07.04.2010 with regard to embezzlement of huge amount of government fund, in which after culmination of investigation, charge-sheet no. 5 of 2020 was submitted on 30.06.2020 against the applicant Hari Ram Singh and co-accused Laxman Prasad, on which concerned Court below took cognizance and summoned the applicants on 14.08.2020 but despite order of summoning the applicant, when the applicant did not appear, non- bailable warrant was issued against him on 14.08.2024 and 16.09.2024. Learned counsel for the applicant after advancing some argument and on putting certain query by the Court regarding issuance of non-bailable warrant against the applicant submits that he does not want to press the instant anticipatory bail application on merits, however, liberty be provided to the applicant to move an appropriate application under Section 439 Cr.P.C. before the concerned Court below in light of the law laid down by the Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, 2021 SCC Online SC 922. On the other hand, learned A.G.A. submits that in case applicant does not want to press this anticipatory bail application on merits, he has no objection to such prayer made on behalf of the applicant. Having regard to the statement made by learned counsel for the applicant at the Bar, the prayer for anticipatory bail is refused. However, it is provided that if the applicant surrenders before the concerned court below within three weeks before the Court concerned and applies for bail, his prayer for bail shall be considered and disposed of in the light of the judgment of the Apex Court in the case of Satender Kumar Antil (supra). With the aforesaid observations and directions, this anticipatory bail application is disposed of. Order Date :- 10.4.2025 Shubham Digitally signed by :- SHUBHAM KUMAR AGRAHARI High Court of Judicature at Allahabad