RAJESH KUMAR YADAVversusSTATE OF U.P.

           HIGH COURT OF JUDICATURE AT ALLAHABAD

 CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
                  BNSS No. - 2091 of 2026

Rajesh Kumar Yadav
                                                                       .....Applicant(s)
                                        Versus
State of U.P.
                                                                           .....Opposite
                                                                                 Party(s)

Counsel for Applicant(s)              : Sanjay Ojha, Swati Agrawal Srivastava
Counsel for Opposite Party(s)         : G.A.

Court No. - 72
                 HON'BLE JITENDRA KUMAR SINHA, J.

1. Supplementary affidavit filed on behalf of the applicant is taken on record.

2. Heard Ms. Swati Agrawal Srivastava, learned counsel for the applicant,
Shri B.P. Maurya, learned A.G.A. for the State and perused the record.

3. The present application has been moved seeking anticipatory bail in Case
Crime no.329 of 2025, under Section 316(5) of B.N.S., Police Station
Pakbada, District Moradabad, with the prayer that in the event of arrest,
applicant may be released on bail.

4. It has been argued by the learned counsel for the applicant that applicant
is innocent and he has been falsely implicated in this case. It is further
submitted that the incident is said to have taken place on 23.09.2025 and the First
Information Report has been lodged on 18.11.2025 after a delay of almost two
months. It is further submitted that as per postal manual, any amount in excess of
Rs.30,000/- has to be transferred to the Head Office, wherein, in the present case,
Rs.25,00,000/- cash has not been transferred to the Head Office. It is further submitted
that, according to the Postal Rules, there is a provision for joint custody of cash, and
the applicant is not solely responsible for any embezzlement. It is further submitted
that, according to the Postal Rules, cash counting is mandatory at the time of office
opening, and is also recounted at the time of office closing. It is further submitted that
when the office opened on 23.09.2025, no discrepancy in the amount of cash was
noted. It is also submitted that the applicant is having no criminal history. It
was also submitted that applicant undertakes to co-operate during trial and
he would appear as and when required by the investigating agency or Court.
It has been stated that in case, applicant is granted anticipatory bail, he shall
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not misuse the liberty of bail and will co-operate with the investigation and
would obey all conditions of bail.

5. On the other hand, learned A.G.A. has opposed the application for
anticipatory bail.

6. The applicant is an employee of the postal department and is said to have
absconded with Rs.25,36,704/- and some other stamp of Rs.7830/- and the
first information report has been lodged after a delay of almost two months,
where as per provisions of postal manual, cash in excess of Rs.30,000/- has
to be transferred to the Head Office, wherein, in the present case
Rs.25,00,000/- cash has not been transferred to the Head Office. According to
the Postal Rules, cash counting is mandatory at the time of office opening, and is also
recounted at the time of office closing. It is also submitted that the applicant is
having no criminal history.

7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State
of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme
Court that while deciding anticipatory bail, Court must consider nature and
gravity of accusation, antecedent of accused, possibility of accused to flee
from justice and that Court must evaluate entire available material against
the accused carefully and that the exact role of the accused has also to be
taken into consideration.

8. In the instant case, considering the settled principle of law regarding
anticipatory bail, submissions of the learned counsel for the parties, role of
applicant and all attending facts and circumstances of the case, without
expressing any opinion on merits, a case for anticipatory bail is made out.

9. The anticipatory bail application is allowed.

10. In the event of arrest of the applicant- Rajesh Kumar Yadav involved
in the aforesaid case crime shall be released on anticipatory bail on his
furnishing a personal bond of Rs. 50,000/- with two sureties each in the like
amount to the satisfaction of the Court concerned, with the following
conditions :-

(i) The applicant shall not tamper with evidence and that he would appear
before the trial Court on the date fixed unless exempted by the Court
concerned;
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                                                                    3


                                    (ii) 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/her/them from disclosing such facts to the Court or to any
                                    police officer;

                                    (iii) The applicant would co-operate during trial and would not misuse the
                                    liberty of bail.

                                    (iv) The applicant shall not leave India without prior permission of the Court
                                    concerned.

                                    11. In default of any of the conditions, the prosecution shall be at liberty to
                                    file appropriate application for cancellation of anticipatory bail granted to
                                    the applicant.

                                    March 19, 2026
                                    RKM
                                                                                     (Jitendra Kumar Sinha,J.)




Digitally signed by :-
RAJESH KUMAR MAURYA
High Court of Judicature at Allahabad