Neutral Citation No. - 2025:AHC:132284 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6293 of 2025 Applicant :- Satish Chandra Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Kundan Rai Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Dr. S.B.Maurya, learned AGA-I, 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 Kundan Rai, learned counsel for the applicant and Dr. S.B.Maurya, 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 Special Case No. 5 of 2025, Case Crime No.325 of 2011, under Sections 420, 109, 467, 471 and 120B IPC and Section 13(1)(D)(2) Prevention of Corruption Act, Police Station Ujhani, District Budaun during pendency of the trial. 4. Learned counsel for the applicant submits that however, as per allegation applicant being Assistant Registrar, District Co- operative Department of District Budaun, misused his position and misappropriated the public fund along with other accused but entire allegations levelled against him were totally false. 5. He further submits that when during investigation applicant filed anticipatory bail application before this Court vide Criminal Misc.Anticipatory Bail Application No. 45681 of 2019 then Coordinate Bench of this Court vide order dated 01.11.2019 was pleased to enlarged him on anticipatory bail till the submission of Police report under Section 173(2) Cr.P.C. 6. He further submits that now charge sheet has been filed and cognizance has been taken on 22.1.2025 and applicant is having apprehension that if he will appear before the court concerned then he will be sent to jail. 7. He further submits that there is no allegation that applicant did not cooperate with the investigation. 8. He further submits that after submission of charge sheet custodial interrogation of the applicant does not appear to be necessary. 9. He further submits that applicant is not having any previous criminal history to his credit. 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. Considering the fact that in the present matter earlier applicant was enlarged on anticipatory bail by this Court till the submission of Police report under Section 173(2) Cr.P.C. and there is no allegation that he did not cooperate with the investigation and apprehension of arrest raised by applicant cannot be ruled out, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial. 13. Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed. 14. In the event of arrest of the applicant-Satish Chandra Srivastava 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; 15. 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. 16. 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 :- 6.8.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad