HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 885 of 2024 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Sri Ashutosh Singh, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 2. Heard Sri K.D. Yadav, learned Advocate holding brief of Sri Sanjai Singh, learned counsel for the applicant and Sri Ashutosh Singh, learned AGA for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 2911 of 2007, under Sections 409, 420, 467, 468, 471, 120B IPC and Section 13(1)D, 13(2) P.C. Act, Police Station Kotwali, District Bareilly with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, applicant was Additional Chief Executive Officer and he was not named in the FIR but surprisingly without any evidence during investigation he has been made accused in the present matter. 5. He further submits, in the year 2024 applicant filed instant anticipatory bail application and on 14.03.2024 the co-ordinate Bench of this Court directed that no coercive action shall be taken against applicant. 6. He further submits, applicant is having apprehension that if he will not be released on anticipatory bail then on his appearance he will be sent to jail. He further submits, after more than 15 years of alleged incident there is no Versus Counsel for Applicant(s) : Sanjai Singh Counsel for Opposite Party(s) : G.A. Chhattar Pal Singh .....Applicant(s) State Of Up And 2 Others .....Opposite Party(s) occasion to send the applicant behind the bar. He further submits, applicant is not having any criminal history. 7. 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. 8. I have heard learned counsel for the parties and perused the record of the case. 9. As per allegation, applicant along with others misappropriated the public fund but it reflects, applicant was Additional Chief Executive Officer in Zila Panchayat and he was not named in the FIR and during investigation he has been made accused in the present matter. 10. Record further suggests that when in the year 2024 instant application has been filed then co-ordinate Bench of this Court vide order dated 14.03.2024 directed that no coercive action shall be taken against the applicant. 11. Further, applicant is not having any criminal history and apprehension of arrest raised by applicant cannot be brushed aside. 12. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till conclusion of trial. 13. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 14. In the event of arrest of the applicant- Chhattar 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 ABAIL No. 885 of 2024 2 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; 15. 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. 16. 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. October 8, 2025 AK Pandey ABAIL No. 885 of 2024 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad