HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7709 of 2025 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Sri Vijay Kumar, learned AGA-I for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 2. Supplementary affidavit filed by the applicant is taken on record. 3. Heard Sri Amit Kumar Singh, learned counsel for the applicant and Sri Vijay Kumar, learned AGA-I for the State. 4. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 82B of 2006, under Sections 409, 420, 467, 468, 471, 477A, 120B, 342 IPC and Section 13(2) P.C. Act, Police Station Ubhaon, District Ballia with a prayer to enlarge him on anticipatory bail during trial. 5. Learned counsel for the applicant submits, applicant was public servant and on the basis of false allegation he has been made accused in the present matter along with others. 6. He further submits, FIR of the present case was lodged in the year 2006 and when during investigation Investigating Officer tried to arrest the applicant then in the year 2020 applicant filed anticipatory bail application vide Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 1731 of 2020 and on 13.02.2020 he was enlarged on interim anticipatory bail but unfortunately on 18.11.2021 his anticipatory bail application has been dismissed in absence of his counsel after considering that it has become Versus Counsel for Applicant(s) : Amit Kumar Singh Counsel for Opposite Party(s) : G.A. Mohammad Rafique .....Applicant(s) State of U.P. .....Opposite Party(s) infructuous. 7. He further submits, now charge-sheet has been filed and there is no allegation that applicant during investigation did not cooperate with the investigation and after submission of the charge-sheet custodial interrogation of the applicant is not required. 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, applicant is not having any criminal history. 10. 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. 11. I have heard learned counsel for the parties and perused the record of the case. 12. However, as per allegation, applicant was public servant and he misappropriated the pubic fund along with others but it reflects, FIR of the present case was lodged in the year 2006 and when in the year 2020 applicant filed anticipatory bail application then on 13.02.2020 the co- ordinate Bench of this Court was pleased to enlarge him on interim anticipatory bail however on 18.11.2021 the anticipatory bail application filed by the applicant was dismissed by the co-ordinate Bench of this Court as, on the date fixed, none could appear on behalf of applicant and this Court opined that it appears, cause of action does not survive. 13. Be that as it may, it appears, pursuant to the order dated 13.02.2020, during investigation applicant has not been arrested and now charge-sheet has been filed and there is no allegation that applicant did not cooperate with the investigation. Further, after submission of the charge-sheet there is no need of custodial interrogation of the applicant. 14. Further, apprehension of arrest raised by the applicant cannot be ruled out. Further, applicant is not having any criminal history. 15. 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. NABAIL No. 7709 of 2025 2 16. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 17. In the event of arrest of the applicant- Mohammad Rafique 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; 18. 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. 19. 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 10, 2025 AK Pandey NABAIL No. 7709 of 2025 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad