Neutral Citation No. - 2025:AHC-LKO:18699 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 355 of 2025 Applicant :- Ram Gopal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Ram Prasad Dwivedi,Ruby Maurya Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for the applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. In view of order being passed notices to opposite party no.2 stands dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.926 of 2011 under Sections 420, 467, 468 I.P.C., P.S. Kotwali Bhinga, District Shrawasti. 4. As per contents of F.I.R., persons nominated in the F.I.R. including applicant were instrumental in registration of fabricated sale deeds. 5. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him and is in fact only a marginal witness of first sale deed. It is also submitted that applicant is not a beneficiary of the transaction. It is submitted that applicant does not have any previous criminal history and has participated in the investigation. It has also been submitted that earlier parties had entered into a compromise due to which a final report was filed but due to transfer of investigation, charge sheet was filed. 6. Learned Additional Government Advocate has opposed the anticipatory bail application with submission that charge sheet in aforesaid case has already been filed in the year 2014 and non-bailable warrant has also been issued against applicant in year 2017, which clearly indicates his non-cooperation during trial. 7. Considering the submissions advanced and upon perusal of material on record, it appears that although applicant is indicated only as a marginal witness but does not appear to be cooperating in trial proceedings due to which non-bailable warrant has been issued against him. In such circumstances, this Court does not find any occasion to entertain anticipatory bail application. Applicant shall have liberty to appear before trial court and apply for regular bail which may be decided in terms of decision of Hon'ble the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and another reported in (2022) 10 SCC 51. 8. Anticipatory Bail Application is disposed of finally subject to the observations and directions made herein above. Order Date :- 4.4.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench