Neutral Citation No. - 2025:AHC-LKO:13863 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 146 of 2025 Applicant :- Tara Shankar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Prashant Tiwari,Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Vide order dated 30.1.2025, the notice was issued to the opposite party no. 2 and as per office report, the same has been served upon the opposite party no. 2, but no one has put in appearance. Under the aforesaid circumstances, this Court is proceeding in this matter. Counter affidavit filed today by the State counsel is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime No. 197 of 2022, under Sections 420 and 66D of IT Act, Police Station Sirsiya, District Shravasti. From perusal of the order sheet, it appears that on 30.1.2025, following order was passed wherein the present applicant has been granted interim anticipatory bail:- “Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR No. 197 of 2022, under Sections 420 and 66D of IT Act, Police Station Sirsiya, District Shravasti. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the instant case. He submits that the applicant is no way the beneficiary as is alleged in the First Information Report. He added that mobile no. 8099829707 does not belong to present applicant and no amount has ever been incredited in the account of the applicant through the abovesaid mobile number. He further submits that the applicant is cooperating with the investigation proceeding and chargesheet has already been filed in the case and he would always remain present as and when would be required before the Investigating Officer or before the trial court. Further submission is that there is an acute apprehension that the police will arrest the present applicant and therefore, he may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is involved in committing cheat and fraud and therefore, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, it transpires that the applicant is not beneficiary as is alleged in the FIR; mobile number 8099829707 is not related to the applicant; there is no cogent piece of evidence against the applicant and the applicant is ready to appear before the Investigating Officer or trial court as and when required, this Court finds it to be a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicant-Tara Shankar, shall be released forthwith, in the event of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a 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 chargesheet 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. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter in the first week of March, 2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits.” State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Tara Shankar 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. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 6.3.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench