HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7015 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Supplementary affidavit filed by the applicant is taken on record. 2. Sri Vijay Bahadur Maurya, 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 Amit Singh, learned counsel for the applicant and Sri Vijay Bahadur Maurya, learned AGA for the State. 4. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 330 of 2004, under Sections 419, 420, 467, 468, 471, 120B IPC and Section 13(1) and 13(2) P.C. Act, Police Station Tarya Sujan, District Kushingar with a prayer to enlarge him on anticipatory bail during trial. 5. Learned counsel for the applicant submits, FIR of the present case was lodged in the year 2004 with the allegation that nominated accused persons committed the offence of tax evasion but during investigation in the year 2011 applicant has also been made accused, who was Tax Assistant Officer with the allegation that he acted negligently. 6. He further submits, during investigation applicant has not been arrested and charge-sheet has been filed in the matter in the year 2018. 7. He further submits, applicant could not become aware that when charge- sheet has been filed against him but when Bailable Warrants have been Versus Counsel for Applicant(s) : Amit Singh Counsel for Opposite Party(s) : G.A. Surendra Pal Singh .....Applicant(s) State of U.P. .....Opposite Party(s) issued then he came to know that charge-sheet way back in the year 2018 has been filed against him. 8. He further submits, applicant is having apprehension that if he will appear before the court concerned then he will be sent to jail. 9. He further submits, as during investigation applicant has not been arrested and there is no allegation that he did not cooperate with the investigation, therefore, after 20 years from the date of alleged offences it is not proper to send him jail. He further submits, applicant is 76 years old person and he has already retired from service way back in the year 2009. 10. He further submits, applicant is not having any criminal history to his credit. 11. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, from the record, it reflects, the instant matter is of the year 2004 but record further suggests that name of applicant was revealed in the present matter during investigation and during investigation Investigating Officer did not propose to arrest of the applicant and without his arrest charge-sheet has been filed against him. 14. Further, however, it reflects, after submission of the charge-sheet applicant did not appear before the court concerned and Bailable warrants are being issued against him but considering the fact that instant matter is of the year 2004 and charge-sheet has been filed in the year 2018, the submission advanced by learned counsel for applicant in this regard cannot be completely brushed aside at this stage. 15. Further, applicant has already retired from service in the year 2009 and at present he is about 76 years of age and even from the material available on record, it reflects, only allegation against him is that he did not diligently performed his duties. 16. Therefore, considering the facts and circumstances of the case discussed NABAIL No. 7015 of 2025 2 above, in my view, applicant is 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 applicant- Surendra Pal Singh 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 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 tamper 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; 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 applicant. 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. September 16, 2025 AK Pandey NABAIL No. 7015 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad