Neutral Citation No. - 2025:AHC-LKO:21522 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 415 of 2025 Applicant :- Deepesh Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Piyush Pathak,Virendra Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State. In view of order being passed, notice to opposite party no.2 stands dispensed with. 2. First bail application has been filed with regard to Case Crime No.0117 of 2024 under Sections 457, 380,411 I.PC., P.S. Dhammaur, District Sultanpur. 3. As per contents of first information report, the incident is said to have taken place on 17.06.2024 when certain electronic items and furniture were found missing from the Panchayat Bhawan. The First Information Report has been lodged against unknown persons. 4. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated by the police in the instant matter. He submits that the applicant is not named in the first information report but there is apprehension of arrest to the applicant though, there is no cogent piece of evidence against him. He also submits that the applicant has no previous criminal history as is mentioned in paragraph no. 14 of the affidavit filed in support of the anticipatory bail application. He next submits that the applicant has always cooperated with the investigation proceedings and undertakes that he would never abscond from the same. He also submits that there is acute apprehension that the applicant will be arrested by the police thus, submission is that the the applicant may be granted anticipatory bail. 5. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that applicant is not named in the First Information Report and there is no allegation against him of not having co- operated during the course of investigation which is still pending. It also appears that co-accused Shivam Yadav having similar role has been granted anticipatory bail of this Court in Criminal Misc. Anticipatory Bail Application No.2775 of 2024. It is also admitted that applicant does not have any previous criminal history nor has any warrants been issued against him to ensure his presence. 7. Thus, having regard to the law laid down by Hon'ble the Supreme Court in Nathu Singh v. State of U.P. and Others, 2021(6) SCC 64, MANU/SC/0360/2021, protection from arrest for limited period of time i.e. till submission of police report under Section 173(2) Cr.P.C., may be granted in favour of the applicant. 8. In result, the anticipatory bail application moved by the applicant- Deepesh is finally disposed of with a direction that till the submission of police report under Section 173 (2) Cr.P.C., in the event of arrest of applicant in the above- mentioned case, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer subject to the following conditions:- (1) The applicant shall make himself available for interrogation or even for discovery of any fact by a police officer as and when required; (2) 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 them from disclosing such facts to the Court or to any police officer; (3) The applicant shall not leave the country without the previous permission of the Court. 11. In case of default of any condition the investigating officer may approach this Court for cancellation/modification of this order. Order Date :- 17.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench