Neutral Citation No. - 2025:AHC-LKO:21899 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 416 of 2025 Applicant :- Mohd.Javed Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rajiv Raman Srivastava Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for 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 stand dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.340 of 2002, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali Sadar, District Lakhimpur Kheri. 4. As per contents of first information report in which applicant is not nominated, allegations have been levelled against one Ravi Bhargava @ Verma of having defrauded informant of substantial amount on the false pretext of providing him employment. Contents of F.I.R. also indicate that upon enquiry made by informant, the said Ravi Bhargava @ Verma informed informant that money has been given to applicant for fabrication of certain documents 5. It has been submitted that applicant has been falsely implicated in charges levelled against him which would be evident from fact that there is no direct allegation levelled against applicant and it is only on the basis of alleged information supplied by said Ravi Bhargava @ Verma. It is submitted that till date, applicant has not received any summon from court concerned with regard to trial against Ravi Bhargava @ Verma. 6. Learned Additional Government Advocate has opposed anticipatory bail with submission that bailable warrants have been issued against applicant from 03.12.2003 but applicant is not appearing before court concerned due to which now non- bailable warrant has been issued against him. It is also admitted that applicant does not have any previous criminal history. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, subject to further evidence being led in trial, it appears that there is no direct allegation levelled against applicant of having defrauded or even fabricated any valuable document or security. His name appears to have been nominated only on the basis of statement made by main accused Ravi Bhargava @ Verma. The aspect of complicity of applicant in charges levelled against him would be subject matter of evidence. Learned counsel for applicant on the basis of instructions undertakes that applicant would be present before trial court and would co-operate during course of trial. Thus, 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, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNNS. 8. In view of the above, it is provided that in the event of arrest, the applicant Mohd.Javed 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 court concerned with the following conditions:- (i) 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 him from disclosing such facts to the court or tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 9. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 10. The application stands disposed of. Order Date :- 18.4.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench