Neutral Citation No. - 2025:AHC:134957 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6443 of 2025 Applicant :- Umesh Singh Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Imran Khan, learned AGA, 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 Amit Kumar Singh, learned counsel for the applicant and Sri Imran Khan, learned AGA, for the State. 3. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR/Case Crime No.42 of 2006, under Sections 409, 419,420, 467, 468, 471, 201,34,218 and 120B IPC and Section 13(2) of Prevention of Corruption Act, Police Station Sukhpura, District Ballia during pendency of the trial. 4. Learned counsel for the applicant submits that applicant is the fair price shop dealer and on the basis of false allegation he has been roped in the present matter. 5. He further submits that FIR of the present case was lodged in the year 2006 and during investigation when applicant challenged the FIR of the present case before this Court in Criminal Misc.Writ Petition No. 7796 of 2017 then on 10.5.2017 Division Bench of this Court was pleased to stay his arrest till the submission of police report under Section 173(2) Cr.P.C. but now charge sheet has been filed in the month of April, 2025 and cognizance has been taken and applicant is having apprehension, if he will appear before the court concerned then he will be sent to jail. 6. He further submits that as during investigation applicant was not arrested pursuant to the order passed by Division Bench of this Court and there is no allegation that he misused the liberty granted to him therefore, after submission of charge sheet there is no occasion to send him in jail in the present matter. 7. He further submits that even after submission of charge sheet the requirement of custodial interrogation of applicant does not appear to be necessary. 8. He further submits that applicant is not having any previous criminal history. 9. He further submits that therefore, considering the facts and circumstances of the present case, applicant should be enlarged on bail till the conclusion of the trial. 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. However, FIR of the present case was lodged in the year 2006 against the applicant and others and as per allegation, applicant and others misappropriated the public fund relates to Sampurna Gramin Rojgar Yojna but it reflects that along with applicant as many as 80 others have been made accused with similar allegations and investigation of the case continued till 2021 and charge sheet was forwarded to the court concerned in the year 2025 and cognizance was taken by court concerned on 29.4.2025. 13. Further, considering the general practice adopted by the court concerned now a days, apprehension of arrest raised by learned counsel for the applicant cannot be ruled out. 14. Further, during investigation Division Bench of this Court stayed the arrest of the applicant and there is no allegation that he misused the liberty granted to him. 15. Further, as charge sheet in the present matter has been filed therefore, custodial interrogation of the applicant does not appear to be necessary. 16. Further, applicant is not having any previous criminal history to his credit. 17. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial. 18. Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed. 19. In the event of arrest of the applicant-Umesh Singh 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 applicant 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; 20. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 21. 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 :- 11.8.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad