Neutral Citation No. - 2025:AHC-LKO:40406 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 445 of 2025 Applicant :- Uday Prakash And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sardar Alok Singh Counsel for Opposite Party :- G.A.,Ajit Ranjan,Pradeep Kumar Hon'ble Karunesh Singh Pawar,J. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 271 of 2022, under Section 419 and 420 IPC, P.S. Rampur Kalan, District Sitapur. Heard learned counsel for the applicants and learned A.G.A. for the State. The Co-ordinate Bench of this Court while granting interim protection to the applicant has passed the following order on 05.05.2025 :- "Heard learned counsel for applicants and learned A.G.A. for State-opposite party No.1. Issue notice to opposite party No.2 First anticipatory bail application has been filed with regard to case crime No. 271 of 2022, under Section 419 and 420 IPC, P.S. Rampur Kalan, District Sitapur. As per contents of F.I.R., the applicant No.2 Malti Devi is said to be a branch head of Life Long Multi State Agro Cooperative Society Limited and was instrumental in deceiving a number of persons into investing in the company, the returns of which have not been given. It is submitted that applicants have been falsely implicated in the charges levelled against him which would be evident from the fact that applicant No.2 is indicated as only a Branch Manager of the Society with applicant No.1 being her husband. It is submitted that there is no allegation that applicants were owners or Directors of the aforesaid society. It is also submitted that F.I.R. in fact has been lodged by agent and not any person who has been allegedly deceived. The applicants have already been granted anticipatory bail in similar set of facts in Criminal Misc. Anticipatory Bail application No. 270 of 2025. Learned A.G.A. has opposed bail application but admits that previous criminal history of two cases of applicants have already been explained. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that the F.I.R. has not been lodged by any person allegedly deceived by the applicants but by agent of the society itself. The applicants have already been granted anticipatory bail as indicated herein above in similar set of circumstances. It is also admitted that charge sheet has been filed in the case after due cooperation by the applicants. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail. Let the accused-applicants Uday Prakash and Malti Devi as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. In the event of arrest, the accused-applicants shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:- (i) That the accused-applicants shall cooperate in the investigation and he will not influence the witness. The accused-applicant 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. (ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. List and connect with Criminal Misc. Anticipatory Bail application No. 270 of 2025 alongwith service report. Objections may be filed in the meantime." Learned counsel for the applicants submits that applicants have been falsely implicated in this case. In the prosecution case, it is not revealed as to how much amount has been usurped. The charge-sheet in the case has been filed. Applicants have explained the criminal history in the bail application. Applicants have undertaken to co-operate in the trial. Learned A.G.A. has opposed the prayer made by learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation and the fact that applicants have explained the criminal history coupled with the undertaking given by the applicants that they will cooperate in the investigation, judgment passed by Hon'ble Supreme Court in the case on of Musheer Alam v. State of U.P. reported in [2025 SCC OnLine SC 116] as also the interim protection granted by this Court vide order dated 05.05.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The application stands allowed. The applicants-Uday Prakash and Malti Devi are directed to surrender before the trial within ten days from the date of receipt of a certified copy of this order. They shall cooperate in the trial. In case, the applicants do not cooperate during the course of trial, it shall be open for the trial court to proceed against the accused applicants as per law. Order Date :- 15.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench