Neutral Citation No. - 2025:AHC:106800 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5354 of 2025 Applicant :- Raj Narain Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Kunwar Tejendra Bahadur, learned AGA, for the State, apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally disposed off. 2. Heard Sri Raj Nath Pandey, learned counsel for the applicants and Sri Kunwar Tejendra Bahadur, learned AGA-I, for the State. 3. The instant anticipatory bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in FIR/Case Crime No.42 of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B and 34 IPC read with Section 13(2) of Prevention of Corruption Act, Police Station Sukhpura, District Ballia during pendency of the trial. 4. Learned counsel for the applicants submits that applicants are the fair price shop dealers and on the basis of false allegation they have been roped in the present matter. 5. He further submits that FIR of the present case was lodged in the year 2006 and during investigation when applicants challenged the FIR of the present case before this Court in Criminal Misc.Writ Petition No. 8627 of 2017 then on 19.5.2017 Division Bench of this Court was pleased to stay their arrest till the submission of police report under Section 173(2) Cr.P.C. but now charge sheet has been filed in the month of April, 2025 and cognizance has been taken and applicants are having apprehension if they will appear before the court concerned then they will be sent to jail. 6. He further submits that as during investigation applicants were not arrested pursuant to the order passed by Division Bench of this Court and there is no allegation that they misused the liberty granted to them, therefore, after submission of charge sheet there is no occasion to send them in jail in the present matter. 7. He further submits that even after submission of charge sheet the requirement of custodial interrogation does not appear to be necessary. 8. He further submits that applicants are not having any previous criminal history. 9. He further submits that therefore, considering the facts and circumstances of the present case, applicants should be enlarged on bail till the conclusion of the trial. 10. Per contra, learned AGA although opposed the prayer for bail but could not dispute the argument on facts advanced by the learned counsel for the applicant. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, FIR of the present case was lodged in the year 2006 against the applicants and others and as per allegation, applicants and others misappropriated the public fund relates to Sampurna Gramin Rojgar Yojna but it reflects that along with applicants as many as 80 others have been made accused with similar allegation and investigation of the case continued till 2021 and charge sheet was forwarded to the court concerned in the year 2025 and cognizance was taken by court concerned on 29.4.2025. 13. Further, considering the general practice adopted by the court concerned now a days, apprehension of arrest raised by learned counsel for the applicants cannot be ruled out. 14. Further, during investigation Division Bench of this Court stayed the arrest of the applicants and there is no allegation that they misused the liberty granted to them. 15. Further, as charge sheet in the present matter has been filed therefore, custodial interrogation of the applicants does not appear to be necessary. 16. Further, applicants are not having any previous criminal history to their credit. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on anticipatory bail till the conclusion of the trial. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed. 19. In the event of arrest of the applicants-Raj Narain Singh, Sanjay Rai, Akhilesh Kumar Singh and Chandra Shekher Singh involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial case 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 temper with the evidence during the trial; (iv) that the applicants 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; 20. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants. 21. It is made clear that the 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 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad