Neutral Citation No. - 2025:AHC-LKO:17256 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 102 of 2025 Applicant :- Mohit Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Kailash Nath Mishra,Rahul Mishra Counsel for Opposite Party :- G.A.,Awadhesh Kumar Pandey Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party no.1 State as well as learned counsel for opposite party no.2 complainant and perused the record. Rejoinder affidavit filed today is taken on record. 2. Criminal Misc. Anticipatory First Bail Application has been filed with regard to Case Crime No.461 of 2024, under Sections 379, 411, 419, 420, 467, 468, 471 I.PC., P.S. Kotwali Dehat, District Gonda. 3. As per contents of first information report, the motorcycle of informant bearing no.UP-43 AZ 3816 was reportedly stolen on 07.02.2024 at about 05.00 P.M. and an application with regard to such theft was submitted by applicant against unknown persons but subsequently it came to his knowledge that the said motorcycle was in possession of applicant. 4. Learned counsel for applicant submits that he has been falsely implicated in the charges levelled against him. It is submitted that the incident is said to have taken place on 07.02.2024 whereas the FIR was lodged only on 24.10.2024 without indicating any cogent reason for delay in lodging FIR. He has also adverted to the recovery memo to indicate that the said motorcycle was thereafter recovered from the financier of the motorcycle. It is submitted that the applicant has a previous criminal history of only one case in the year 2011 which has been adequately explained in paragraph 23 of the affidavit filed in support of application. 5. Learned A.G.A. as well as learned counsel for complainant have opposed Criminal Misc. Anticipatory Bail Application with submissions that as per statements of witnesses recorded, it was in fact the applicant who was found in possession of the stolen motorcycle. Learned counsel for complainant however also submits that the applicant was instrumental in committing forgery with regard to the Registration Certificate of the said motorcycle. It is however admitted that the applicant was previously involved in one criminal case which has been explained. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that as per allegations levelled in the first information report, theft of motorcycle of the applicant has been indicated which were subsequently recovered but not from the possession of applicant. Previous criminal history has already been explained. 7. Thus, it would be expedient in the interest of justice that liberty of applicant may be protected till filing of police report u/s 173(2) Cr.P.C. in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another, (2020)5 SCC 1. 8. In view of the above, it is provided that till filing of police report u/s 173(2) Cr.P.C. in the event of arrest, the applicant Mohit Mishra shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant(s) shall cooperate in the investigation and he/she will not influence the witnesses. (2) The accused-applicant(s) will remain present as and when the arresting officer/1.O./S.H.O. concerned call(s) for investigation/interrogation. (3) The applicant(s) shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. 9. The application stands disposed of. Order Date :- 26.3.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench