HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5295 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. This case has been taken up on a mention. 2. Heard Sri Amit Daga, learned counsel for the applicant and Sri Shiv Dutt Shukla, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime No. 05 of 1996, under Sections 409, 201 IPC, Police Station Iradatnagar, District Agra with the prayer that in the event of arrest, applicant may be released on bail. 4. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant. It is submitted that the incident is of the year 1996 and the chargesheet was submitted in the year 1997. He further submitted that the applicant moved this Court by filing an application under Section 482 CrPC in which interim order was passed. It is submitted that with lapse of time the said application under Section 482 CrPC was dismissed for want of prosecution on 12.7.2019 and interim order was vacated, however, the said order could not be communicated to the trial Court and the trial Court came to know only in the year 2025 and bailable warrant was issued against the applicant. It is submitted that no fruitful purpose would be served by sending the applicant behind the bar after submission of the chargesheet as the applicant is aged about 73 years. It is further submitted Versus Counsel for Applicant(s) : Amit Daga, Devesh Kumar Sharma Counsel for Opposite Party(s) : G.A. Surendra Singh Katara .....Applicant(s) State of U.P. and Another .....Opposite Party(s) that the applicant has already been exonerated in the departmental enquiry. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that process under Section 82 CrPC has been initiated against the applicant. 6. In reply, learned counsel for the applicant submits that after initiation of proceeding under Section 82 CrPC interim order was granted by this Court in application under Section 482 CrPC No. 46023 of 2023 on 17.12.2013. 7. I have considered the rival submissions made by learned counsel for the parties. 8. As per first information report, allegation in the FIR is that the applicant is said to have caused embezzlement of Rs. 3,79,850.06 paise while working as Secretary of the Co-operative Society. The incident is of the year 1996 and the chargesheet was submitted in the year 1997. Interim order was passed by this Court in Application under Section 482 No. 46023 of 2013 and the same application was dismissed for non- prosecution on 12.7.2019 and the interim order stood vacated but the said order could not be communicated to the trial Court and the trial Court in the year 2025 has issued bailable warrant against the applicant. 9. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 10. In the instant case, considering the settled principle of law regarding NABAIL No. 5295 of 2025 2 anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 11. The anticipatory bail application is allowed. 12. In the event of arrest of the applicant- Surendra Singh Katara involved in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) 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/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 13. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 9, 2025 Abhishek NABAIL No. 5295 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad