Neutral Citation No. - 2025:AHC:128448 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 517 of 2025 Applicant :- Subham Upadhyay Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Yadav,Rituraj Singh,Sr. Advocate Counsel for Opposite Party :- G.A.,Manoj Kumar Mishra,Tabassum Bano,Vikrant Pandey Hon'ble Vivek Varma,J. 1. Sri V.K. Singh, Advocate has filed his vakalatnama on behalf of the opposite party no.2, the same is taken on record. 2. Despite time granted to the opposite parties, no counter affidavit has been filed. 3. The applicant was granted interim anticipatory bail vide order dated 24.2.2025 passed by the co-ordinate Bench of this Court. The order is quoted herein below:- "1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A for the State and perused the record. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 0283 of 2024, under Sections 419, 420, 467, 468, 471 I.P.C, Police Station- Sujanganj, District- Jaunpur. 3. Allegation in the first information report is that applicant and other co- accused persons got registered fabricated will-deed in their favour, thereafter, mutated their names in the revenue records producing forged death certificate of the informant. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Prima facie, no offence under alleged sections is made out against the applicant. Investigation is going on. Applicant has no criminal history to his credit. In case, applicant is granted anticipatory bail, he would not misuse the liberty of bail and would co-operate with the investigation. Applicant has definite apprehension of his arrest by the police. 4. Learned AGA and learned counsel for the informant have vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as, prima facie, case is made out. 5. Learned counsel for the informant is granted four week's time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 6. List this case after six weeks. 7. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case crime number. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer as and when required; (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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if applicant has passport, the same shall be deposited before the S.S.P./S.P./C.P./A.C.P concerned; (iv) The applicant shall not tamper with the evidence during the trial; (v) The applicant shall not pressurize/intimidate the prosecution witness; (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 8. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. " 4. Counsel for the applicant contends that the case is purely civil in nature. The applicant has not forged or manipulated any documents. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the court concerned. Pursuant to the order dated 24.2.2025 the applicant had furnished bail bonds before the concerned court and is appearing before the court on the dates fixed. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial, he will not misuse the said liberty. 5. Learned AGA for the State and counsel for the opposite party no.2 have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the case is purely civil in nature; at this stage there is no substantive evidence to link the applicant with the offence; the applicant had cooperated in the investigation; no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by the learned AGA as well as by counsel for the opposite party no.2; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant- Subham Upadhyay, involved in Case Crime No. 0283 of 2024, under Sections 419, 420, 467, 468, 471 I.P.C, Police Station- Sujanganj, District- Jaunpur, be released on anticipatory bail during pendency of trial, on 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 make himself available on each and every date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 31.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad