Neutral Citation No. - 2025:AHC-LKO:41976 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 103 of 2025 Applicant :- Kuldeep Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. Counsel for Applicant :- Sanjay Kumar Srivastava,Akshat Kumar Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Rejoinder affidavit filed today is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No.0797 of 2022, under Sections 419, 420, 467, 468, 471 and 120-B I.P.C., Police Station Gomti Nagar, District Lucknow. The Co-ordinate Bench of this Court vide order dated 23.1.2025 has passed the following order:- " Supplementary affidavit filed today is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No.00797 of 2022, under Sections 419, 420, 467, 468, 471 and 120-B I.P.C., Police Station Gomti Nagar, District Lucknow. Contention of learned counsel for the applicant is that one property of Lucknow Development Authority was sold out by one Mohd. Waseem in the year 2000 whereas the appellant was appointed in the Lucknow Development Authority in 2008. Allegation against the applicant that while using his ID and password, property of the Lucknow Development Authority was entered in the name of vendor and in fact, at that point of time, there was no provision with respect to receiving OTP and simple ID and password was used then and while using ID and password, entry of name of the vendor was done in the record of the Lucknow Development Authority. He further submits that there is no material evidence against the applicant and the charge sheet has been filed, as such, there is no possibility that the applicant will tamper the evidence. Adding his arguments, he submits that the applicant is undertaking that he will co-operate with the investigating proceedings and he will remain present before the Investigating Officer as and when required. He further submits that the applicant has a case criminal history and he is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that he has committed the offence, as such, he is not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of anticipatory bail. Till the next date of listing, the present applicant Kuldeep Kumar shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with 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 in case charge sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter in third week of February 2025 as fresh. In the meantime, learned counsel for the State shall file the counter affidavit. " Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties before the learned court below. He has duly cooperated in the investigation. Charge-sheet in the case has already been filed. He has not misused the liberty of interim anticipatory bail granted by this Court. He has no criminal antecedents. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that the applicant has no criminal antecedents, charge-sheet in the case has already been filed, the applicant has not misused the liberty of interim anticipatory bail granted by the Court coupled with the undertaking given by the applicant that he will cooperate in the trial as also the interim protection granted by this Court vide order dated 23.1.2025 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 22.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench