Neutral Citation No. - 2025:AHC:39049 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11701 of 2024 Applicant :- Jahbaj Khan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Bhriguram Ji,Nilesh Kumar Dubey,Shashi Shekhar Maurya Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material on record. 3. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 48 of 2023, under Sections 419, 420, 467, 468, 471, 341, 406 I.P.C., Police Station - Chiraikot, District- Mau, during the pendency of trial. 4. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. As per the allegations in the first information report, the alleged amount was credited in the account of the named co-accused, Yaswant Singh. As per the report of the Station House Officer, Chiraikot, District- Mau Rs. 40,000/- was credited in account of the co-accused, Pawan Chaurasiya. Further, during the course of investigation, it transpired that the mobile phone linked in the bank account of the co-accused, Yaswant Singh bears the name of Hemant Maurya, however, the photograph was of the applicant. It is contended that the applicant has no concern with the alleged SIM. The address shown in the SIM card is of Hemant Maurya. No amount has been credited in the account of the applicant. The applicant is not the beneficiary of the illicit transaction. At this stage, there is no credible evidence to link the applicant with the offence. Further, the named co-accused, Mohd Zaeem @ Mohd Jameem has been granted anticipatory bail till submission of Police report by this Court vide order dated 03.03.2025 passed in Criminal Misc. Bail Application No. 12008 of 2024 (Mohd Zaeem @ Mohd Jameem vs. State of U.P. and Another). The applicant has no criminal antecedents. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant states that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and antecedents of the applicant, and the fact that the applicant was not named in the first information report. As per the allegations in the first information report, the alleged amount was credited in the account of the named co-accused, Yaswant Singh. As per the report of the Station House Officer, Chiraikot, District- Mau Rs. 40,000/- was credited in account of the co-accused, Pawan Chaurasiya. No amount has been credited in the account of the applicant. The named co-accused, Mohd Zaeem @ Mohd Jameem has been granted anticipatory bail till submission of Police report by this Court. At this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant Jahbaj Khan be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 173 (2) Cr.P.C., 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 a 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 him 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 he has passport the same shall be deposited by him before the S.S.P./S.P. concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a certified copy of this order, before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 19.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad