Neutral Citation No. - 2025:AHC:129415 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6113 of 2025 Applicant :- Smt. Zainab Noori And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mohit Kumar Singh,Sujata Choudhary 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 Smt. Sujata Choudhary, learned counsel for the applicants and Dr.S.B.Maurya, learned AGA-I, for the State. 3. The present anticipatory bail application has been filed on behalf of the applicants with the prayer to enlarge them on anticipatory bail in Case Crime No. 24 of 2019, under Sections 409, 420, 467, 468, 471 and 120-B IPC and Section 13 (1)C Prevention of Corruption Act, Police Station E.O.W., District Meerut. 4. Learned counsel for the applicants submits that applicant no.1 is the Manager of Madarsa while applicant no.2 is the Principal and FIR of the present case was lodged in the year 2019 against the applicants and two others with the allegation that they misappropriated the scholarship amount of 326 students but entire allegations levelled against them are totally false. 5. She further submits that however, FIR of the present case was lodged in the year 2019 but till date investigation of the case is pending. 6. She next submits that even till date statements of alleged students, i.e., victim have not been recorded by Investigating Officer and now merely on the basis of bald and verbal allegation Investigating Officer is trying to arrest the applicants. 7. She further submits that applicants are the respected members of the society and by making their arrest Investing Officer wants to ruin their social image. 8. She further submits that applicant are not having any previous criminal history to their credit. 9. Per contra, learned AGA opposed the prayer for anticipatory bail and submits that applicants by playing fraud along with others misappropriated huge scholarship amount of the students but could not dispute the fact that FIR of the present case was lodged in the year 2019 and till date investigation is pending and there is no allegation that applicants are not cooperating with the investigation. 10. He further could not dispute the fact that till date Investigating Officer could not record even the statements of alleged students, i.e., victim of the case. 11. He further could not dispute the fact that applicants are not having any previous criminal history to their credit. 12. I have heard learned counsel for both the parties and perused the record of the case. 13. However, prima facie allegations levelled against the applicant appear to be quite serious but it reflects that investigation of the case is pending since the year 2019 and almost six years have been passed but till date Investigating Officer could not conclude the investigation. 14. Further, learned AGA could not place any material which can suggest that applicants were not cooperating with the investigation. 15. Further, apprehension of arrest raised by applicants cannot be brushed aside. 16. Further, surprisingly although almost six years have been passed since lodgement of the FIR of the present case but it appears that till date the statements of the students of Madarsa, i.e., victims of the case have not been recorded by the Investigating Officer during investigation. 17. Further, applicants are not having any previous criminal history to their credit. 18. 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. 19. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 20. In the event of arrest of the applicants-Smt. Zainab Noori and Smt. Saista 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 that:- ii. 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 them 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; 21. 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. 22. It is made clear that observations made in granting anticipatory bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 1.8.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad