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Neutral Citation No. - 2025:AHC:114955 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5425 of 2025 Applicant :- Anil Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Hemant Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri J.P. Nishad, learned AGA for the State- opposite party, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 97 of 2002, under Sections 409, 204 I.P.C., Police Station Muskara, District Hamirpur. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The alleged embezzled amount was deposited by the applicant on 12.02.2002 in the Cooperative Bank. The delay in depositing the money will not constitute an offence. During the course of investigation, the arrest of the applicant was stayed by this Court vide order dated 26.08.2003 passed in Criminal Misc. Writ Petition No. 4305 of 2003, Anil Kumar Srivastava v. State of U.P. and others. The investigation has been completed. Charge-sheet has been submitted. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the court concerned. The applicant had no knowledge regarding the pendency of the case before the court concerned. The applicant for the first time came to know about the summons issued by the court, in the month of January, 2025. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and, in particular,
the fact that the alleged embezzled amount was deposited by the applicant on 12.02.2002 in the Cooperative Bank; during the course of investigation, the arrest of the applicant was stayed by this Court; the investigation has been completed; the applicant had cooperated in the investigation; and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6.
6. In the event of arrest, the applicant- Anil Srivastava, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on 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 make himself available on each and every date fixed in the matter 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court.
7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 16.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad