Neutral Citation No. - 2025:AHC-LKO:14712 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 240 of 2025 Applicant :- Rajesh Kumar And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Amit Kumar Verma,Devendra Verma,Dhananjai Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. As per office report, notice was issued that has been served upon the complainant, but none is present on behalf of the complainant. Heard learned counsel for the applicants and learned Counsel for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicants on anticipatory bail in case crime/F.I.R No.0175/2024, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S. Dhaneypur, District Gonda. From perusal of the order sheet, it appears that on 19.02.2025, the following order was passed wherein the present applicants have been granted interim anticipatory bail:- "The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No.0175/2024, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S. Dhaneypur, District Gonda. In the prosecution case, it is alleged that co-accused Bindeshwari has sold the said land to the other co-accused namely Ram Surat Sharma which he had already sold in favour of the informant on 25.05.2019. The allegation of forgery is also on the accused persons. It is contended by the learned counsel for the applicants that in this case co-accused Ram Surat Sharma @ Ram Suraj Sharma was granted interim anticipatory bail in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 2157 of 2024 vide order dated 19.9.2024 and notices were also issued to respondent no. 2, therefore, applicant is also entitled for interim anticipatory bail as they are marginal witnesses and co-accused Ram Surat Sharma @ Ram Suraj Sharma was purchaser. Issue notice to respondent No. 2. Learned A.G.A. has opposed the bail application. He prays for and is granted two weeks' time to file objection. Connect with Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 2157 of 2024 and list on the date fixed in the leading application. Considering the above aspect of the matter, perusal of the record as well as the fact that the applicants are marginal witnesses and have no criminal antecedent and have undertaken to cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim protection to the applicants under Section 438 Cr.P.C. Till the next date of listing, it is provided that in the event of arrest, the applicants shall be released on bail on their furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicants shall cooperate in the investigation and shall report to the Investigating Officer within fifteen days from today and they will not influence the witnesses. The accused-applicants will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicants shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection." From perusal of the order dated 19.02.2025, it transpires that learned State Counsel was directed to file counter affidavit but the same has not been filed as yet. Learned 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 thoroughly 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 applicants, namely, Rajesh Kumar and Sadanand Bharti till disposal of the trial subject to the following conditions:- (i) that the applicants shall make himself 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 him 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 order. Order Date :- 10.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench