Neutral Citation No. - 2025:AHC:135806 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5887 of 2025 Applicant :- Manoj Yadav @ Manoj And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Ray Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Supplementary affidavit filed today on behalf of applicants is taken on record. 2. Sri Pradeep Kumar, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 3. Heard Sri Anil Kumar Ray, learned counsel for the applicants and Sri Pradeep Kumar, learned AGA for the State. 4. The present anticipatory bail application has been filed on behalf of the applicants in F.I.R./Case Crime No. 19 of 2006, under Sections 409, 419, 420, 467, 468, 471, 201, 218, 120B, 34 IPC, Police Station Dokati, District Ballia with a prayer to enlarge him on anticipatory bail during trial. 5. Learned counsel for the applicants submits, FIR of the present case was lodged in the year 2006 and as per FIR applicants and others misused their position and embezzled public fund by non distributing the food relates to government scheme. He further submits, applicant nos. 1 and 3 were fair price shop dealers and applicant no.2 was Gram Pradhan and entire allegations leveled against them are totally false. 6. He further submits, however, since lodgment of the FIR more than 19 years have been passed but even till date investigation of the case is pending. 7. He further submits, at present investigation of the case is being conducted by the vigilance department and Investigating Officer is trying to make their arrest, therefore, applicants are having apprehension of arrest. 8. He further submits, applicant no.2 is not having any criminal history while applicant nos. 1 and 3 are having criminal history of one case each but their criminal history has been explained in the supplementary affidavit filed in support of instant application. 9. He further submits, therefore, considering the above facts, applicants should be enlarged on anticipatory bail till trial. 10. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for applicants. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation, applicant nos. 1 and 3 were fair price shop dealer and applicant no.2 was Gram Pradhan and they misappropriated the public fund by non distributing the food grains relates to government scheme but it reflects, FIR of the present case was lodged in the year 2006 and till date investigation of the case is pending and there is no allegation that applicants did not cooperate with the investigation. 13. Further, as per applicants, now Investigating Officer is trying to make their arrest. The apprehension of arrest raised by the applicants cannot be disbelieved. 14. Further, co-accused Triyogi Narayan Singh, who was Gram Pradhan, has been released on anticipatory bail by this Court and his bail order has been annexed at page-45 of the paper-book. 15. Further, applicant no.2 is not having any criminal history while applicant nos. 1 and 3 are having criminal history of one case each but their criminal history has been explained in the supplementary affidavit filed in support of instant bail application. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on anticipatory bail till conclusion of trial. 17. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 18. In the event of arrest of the applicants- Manoj Yadav @ Manoj, Smt. Raj Kumari Devi and Bhola Ram involved in the aforesaid case crime number, shall be released on bail till the conclusion of trial 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 applicants 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 applicants shall not leave India without previous permission of the court; iii. that the applicants shall not tamper with the evidence during the trial; iv. that the applicants shall not pressurize/ intimidate the prosecution witness; v. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; 19. 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. 20. It is made clear that 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 :- 11.8.2025 AK Pandey Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad