Neutral Citation No. - 2025:AHC-LKO:14512 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 61 of 2025 Applicant :- Ram Dutt Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Ram Prakash Singh,Vivek Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. From perusal of the order sheet, it transpires that the notice has been served personally to the complainant/ informant/ opposite party no.2 but no one is present for the opposite party no.2. 2. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. 3. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Case Crime No. 0263 of 2023, under Sections 419, 420, 467, 468, 471, 506 of IPC at P.S. Motiganj District Gonda. 4. From perusal of the order sheet, it appears that on 17.01.2025, the following order was passed:- "Heard Sri Ram Prakash Singh, learned counsel for the applicant and Sri Hari Shankar Rajput, learned AGA for the State. Issue notice to the opposite party no. 2, returnable at an early date. Steps be taken within a week. Office is directed to proceed accordingly. The present applicant is apprehending his arrest in Case Crime No. 0263 of 2023, under Sections 419, 420, 467, 468, 471, 506 of IPC at P.S. Motiganj District Gonda. The learned counsel for the applicant has submitted that the applicant has been falsely implicated as he has not committed any offence as alleged. Attention has been drawn towards the impugned FIR, which has been lodged for the alleged illegal act being done in the year 1997, whereby, on the basis of forged and fictious will, the property has been received by the present applicant. The property in question has been mutated in the name of the present applicant on 19.04.1999. For the subject matter in question, one civil suit bearing no. 1798 of 2023, Vijay Laxmi Vs. Bhagwan Dutt and anothers has been filed before the Court of Civil Judge (Junior Division), Gonda on 11.07.2023 (Annexure No. 4) and FIR has also been lodged on 17.08.2023. The learned counsel has stated that if the civil suit is pending consideration, the FIR should have not been lodged. Matter requires consideration. Let the counter affidavit be filed within a period of four weeks. List in the week commencing 17.02.2025, within top ten cases. Till the next date of listing, in the event of arrest, the accused-applicant (Ram Dutt Sharma) shall be released forthwith in the aforesaid complaint case (supra) on interim anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Arresting Authority/ court concerned on the following conditions:- (i) that the applicant shall appear before the court concerned on each date fixed unless his personal presence is exempted; (ii) 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without prior permission of the court; (iv) that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; (v) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (vi) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. " 5. From perusal of the order dated 17.01.2025, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. 6. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Ram Dutt Sharma till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. 7. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 10.3.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench