Neutral Citation No. - 2025:AHC:134564 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6127 of 2025 Applicant :- Laxmi Prasad Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Bans Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned AGA for the State, and perused the material placed on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 568 of 2023, under Sections 409, 120-B IPC, Police Station Baberu, District Banda. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 30.09.2023. The first information report was lodged on 16.12.2023. The delay is fatal to the prosecution case. At the relevant time, the applicant was Assistant Development Officer (Panchayat), Baberu and retired on 30.06.2023. The present FIR has been lodged with regard to a disbursal of funds in the year 2022. No inquiry proceeding was instituted before retirement of the applicant. At this stage, there is no credible evidence to link the applicant with the offence. Identically placed co-accused Vinod Kumar has been granted anticipatory bail till submission of police report by this Court vide order dated 23.05.2024 passed in Criminal Misc. Anticipatory Bail Application No. 5267 of 2024. The applicant has no criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the FIR was lodged belatedly, at the relevant time, the applicant was Assistant Development Officer (Panchayat), Baberu and retired on 30.06.2023; the present FIR has been lodged with regard to a disbursal of the fund in the year 2022; no inquiry proceeding was instituted before retirement of the applicant; co-accused Vinod Kumar has been granted anticipatory bail, till submission of police report, by this Court; at this stage, there is no substantive evidence to link the applicant with the offence, and without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Laxmi Prasad Yadav be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 him from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P. concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 8.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad