HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7431 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1. Heard Sri Raj Nath Pandey, learned counsel for the applicant and Sri Rajeev Dhar Dwivedi, learned AGA, for the State. 2. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Special Trial No. 3200 of 2025 arising out of FIR/Case Crime No.32A of 2006, under Sections 409,419, 420, 467, 468, 471, 201, 218, 120B and 34 IPC read with Section 13(2) Anti Corruption Act, Police Station Dubhar, District Ballia during pendency of the trial. 3. Learned counsel for the applicant submits that applicant is a fair price shop dealer and on the basis of false allegation of misappropriation of government fund he has been roped in the present matter along with as many as 79 persons including several public servants. 4. He further submits that FIR of the present case was lodged in the year 2006 and charge sheet could only be filed in the year 2019 and cognizance was taken by court concerned on 24.5.2025 and this fact itself suggests that on the basis of false allegation applicant and other accused have been made accused in the present matter. 5. He further submits that during investigation applicant challenged the FIR of the present case before this Court in Criminal Misc.Writ Petition Versus Counsel for Applicant(s) : Raj Nath Pandey Counsel for Opposite Party(s) : G.A. Om Prakash Pandey .....Applicant(s) State of U.P. and Another .....Opposite Party(s) No. 8623 of 2017 (Madan Singh and others Vs. State of U.P. and others) and Division Bench of this Court on 19.5.2017 was pleased to stay the arrest of the applicant till the submission of police report under Section 173(2) Cr.P.C. 6. He further submits that pursuant to the order passed by Division Bench of this Court dated 19.5.2017 applicant was not arrested during investigation and there is no allegation that he did not cooperate with the investigation. 7. He further submits that now charge sheet has been filed and there is no need of custodial interrogation of the applicant. 8. He further submits that applicant is having apprehension if he will appear before the court concerned then he will be sent to jail. 9. He further submits that applicant is not having any previous criminal history. 10. 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. 11. 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. 12. I have heard learned counsel for the parties and perused the record of the case. 13. However, as per allegation applicant was the fair price shop dealer and he along with other accused misappropriated the public fund but it reflects that his arrest was stayed by Division Bench of this Court during investigation and there is no allegation that during investigation applicant did not cooperate with the investigation. 14. Further, investigation of the case has been completed and charge sheet has been filed and after submission of charge sheet custodial interrogation of the applicant is not required. NABAIL No. 7431 of 2025 2 15. Further, applicant is not having any previous criminal history to his credit. 16. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicants are entitled to be released on anticipatory bail till the conclusion of the trial. 17. Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed. 18. In the event of arrest of the applicant-Om Prakash Pandey 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 applicants 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 applicants. 20. 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. NABAIL No. 7431 of 2025 3 September 10, 2025 SKM NABAIL No. 7431 of 2025 4 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad