HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 634 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Nagendra Kumar Mishra, learned Brief Holder for the State- opposite party. Perused the material available on record. 2. The applicant was granted interim anticipatory bail vide order dated 24.02.2025 passed by a co-ordinate Bench of this Court. The order is quoted herein below: "1. Heard learned counsel for the applicant; 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 anticipatory bail to the applicant in Case Crime No.112 of 2021, under Sections 420, 467, 468 I.P.C., P.S. Kotwali, District Bareilly, during pendency of trial. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant F.I.R. has been lodged in the year 2021. The applicant is not named in the F.I.R. His name surfaced in the statement of co-accused. He next submits that I.O. has submitted charge sheet against the co-accused but the investigation is pending against the applicant. More than three years have been passed and investigation is going on. The applicant has no criminal history to his credit. In case, the applicant is released on 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. Versus Counsel for Applicant(s) : Sudarshan Singh Counsel for Opposite Party(s) : G.A. Mahesh Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 4. Learned A.G.A. is granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter. 5. List this case immediately after expiry of the aforesaid period. 6. 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. 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 S.H.O 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 he has passport, the same shall be deposited by him 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 pressurized/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted. 7. 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." 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The name of the applicant was disclosed by the co-accused Aachchhu Singh, Dharmendra @ Kranti and Narendra Kumar, who were apprehended at the spot. The said statements, insofar as they implicate the applicant, is unreliable. The applicant has not forged any documents. The applicant never stood surety for any accused. At this stage there is no credible evidence to link the applicant with the offence. Further, pursuant to the order dated 24.02.2025 the applicant had furnished ABAIL No. 634 of 2025 2 bail bonds before the S.H.O. concerned and had joined the investigation. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. The investigation is still pending and in case the applicant is granted anticipatory bail till the conclusion of trial, he will not misuse the said liberty. 4. Learned Brief Holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the facts that the name of the applicant was disclosed by the co-accused Aachchhu Singh, Dharmendra @ Kranti and Narendra Kumar, who were apprehended at the spot; at this stage there is no substantive evidence to link the applicant with the offence; the applicant had joined the investigation; no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned Brief Holder, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant- Mahesh Singh, involved in Case Crime No. 112 of 2021, under Sections 420, 467, 468 I.P.C., Police Station Kotwali, District Bareilly, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court; (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court; ABAIL No. 634 of 2025 3 (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court; and, (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 12, 2025 SKT/- ABAIL No. 634 of 2025 4 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad