Neutral Citation No. - 2025:AHC-LKO:12418 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 132 of 2025 Applicant :- Indra Mohan Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Suresh Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Case called out in the revised list. From perusal of the order sheet, it transpires that the notice has been served to complainant/ informant/ opposite party no.2. Neither learned counsel for the complainant/ informant/ opposite party no.2 is present nor learned counsel for the applicants is present to press this application. Instant application has been filed with the prayer to enlarge the accused-applicants on anticipatory bail in Complaint No.1304 of 2021, under Sections 420, 467, 468, 120B, Police Station B.K.T., District Lucknow. From perusal of the order sheet, it appears that on 30.01.2025, the following order was passed:- "Heard learned counsel for the applicants, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Complaint No.1304 of 2021, under Sections 420, 467, 468, 120B, Police Station B.K.T., District Lucknow. Contention of learned counsel for the applicants is that the applicants are marginal witnesses and they were not involved in committing the offence. He further submits that the applicants are not the beneficiary, as such, ingredients of offences charged against them do not attract. He next submits that the applicants have no previous criminal history and the purchaser, who is beneficiary, has already been enlarged on interim anticipatory bail in Criminal Misc. Anticipatory Bail Application U/Ss 438 Cr.P.C. No.39 of 2025, vide order dated 13.1.2025. He further submits that the applicants are undertaking that they will co-operate with the investigating proceedings and they will remain present before the Investigating Officer as and when required. He further submits that the applicants are law abiding citizen and they have acute apprehension of being arrested by the police, as such, they may be granted anticipatory bail which they will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicants are named in the F.I.R. and there is sufficient proof that they have committed offence, as such, they are 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 interim anticipatory bail. Till the next date of listing, the present applicants Indra Mohan Singh and Tularam shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on their 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that in case charge sheet is submitted the applicants shall not tamper with the evidence during the trial; (v) that the applicants shall not pressurize/ intimidate the prosecution witness; (vi) that the applicants 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. Issue notice to the opposite party no. 2 returnable at an early date. Steps be taken within one week. List/put up this matter in fourth week of February 2025. In the meantime, the opposite parties shall file their counter affidavits. " From perusal of the order dated 30.01.2025, 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. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicants, namely, Indra Mohan Singh and Tularam till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants 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 interim protection. Order Date :- 28.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench