Neutral Citation No. - 2025:AHC-LKO:44811 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 360 of 2025 Applicant :- Navneet Kateriya Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Anil Pandey Counsel for Opposite Party :- G.A.,Awadhesh Kumar Pal Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.P.C./482 B.N.S.S. has been filed seeking anticipatory bail in F.I.R./Case Crime No. 399 of 2024 under Section 318(4), 319(2), 352, 351(2), 351(3), 338, 340(2) BNS P.S. Manjhila, District Hardoi. The Co-ordinate Bench of this Court vide order dated 29.4.2025 has passed the following order:- "Heard learned counsel for applicant, learned A.G.A. for State and Mr. Awadhesh Kumar Pal learned counsel for informant. First anticipatory bail application has been filed with regard to case crime No. 399 of 2024 under Section 318(4), 319(2), 352, 351(2), 351(3), 338, 340(2) BNS P.S. Manjhila, District Hardoi. As per contents of F.I.R., the applicant alongwith co-accused is instrumental in fabrication of an agreement dated 17th August, 2024 pertaining to sale and purchase of eucalyptus trees. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him and that the main gist of allegation in fact is against his father and co-accused Mahendra Pal. It is submitted that the applicant is student and his incarceration would adversely affect his career. It is submitted that the applicant is willing to cooperate in the investigation. Learned A.G.A. as well as learned counsel for informant have opposed bail application with submission that applicant's signature is very well evident on the sale agreement dated 17th August, 2024 which clearly indicates his complicity. Learned A.G.A. has on the basis of instructions submitted that the property on which eucalyptus trees are situated in fact belongs to forest department. It is however admitted that applicant does not have any previous criminal history and investigation is ongoing. 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 main gist of allegation has been levelled against co-accused Mahendra Pal. The warrant dated 17th August, 2024 also appears to have been at the behest of the said co-accused. The applicant is student and has an undertaking to cooperate during investigation. It is admitted that applicant does not have any previous criminal history. 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-applicant Navneet Kateriya 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-applicant 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-applicant 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 applicant 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 this case on 16th May, 2025 as fresh along with service report. Objection may be filed in the meantime." Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties before the investigating officer. He has duly cooperated in the investigation. He has not misused the liberty of interim anticipatory bail granted by this Court. He has no previous criminal history. He undertakes to further cooperate in the investigation as well as in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same. Learned A.G.A., based upon instructions, states that the investigation is going on. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that the offences are triable by a Magistrate; the applicant has no previous criminal antecedents; there is nothing on record to show that he has not cooperated in the investigation coupled with the undertaking given by the applicant that he will further cooperate in the investigation as well as in the trial, the interim protection granted by a coordinate bench of this Court vide order dated 29.4.2025 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 1.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench