Neutral Citation No. - 2025:AHC-LKO:48440 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 474 of 2025 Applicant :- Vipin Dwivedi @ Subodh Kumar @ Subodh Kumar Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Affairs Sectt. Lko And Another Counsel for Applicant :- Anshuman Singh Rathore,Anand Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Case called out. 2. No one is present on behalf of the applicant and neither any request for adjournment of the case has been made. 3. As the present anticipatory bail was filed on 29.04.2025 and the State has also filed counter affidavit, therefore, the Court proceeds to pass appropriate orders after hearing the submissions of Shri Jayant Singh Tomar, learned A.G.A.-I. 4. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 01.05.2025: "1. Heard learned counsel for applicant and learned A.G.A. for State- opposite party. 2. Issue notice to opposite party No.2. 3. First anticipatory bail application has been filed with regard to case crime No. 0311 of 2021 under Sections 419, 420, 467, 468, 471, 406, 504, 506 & 120-B IPC, P.S. Akbarpur, District Ambedkar Nagar. 4. As per contents of first information report, applicant along with co- accused has allegedly defrauded informant by inducing him to invest on the pretext that a sale deed would be executed with regard to a pond along with fishery business which applicant along with co-accused is allegedly conducting. F.I.R. also indicates various transactions having been made into accounts of nominated persons whereafter also the sale deed was not executed. 5. It is submitted that applicant has been falsely implicated in charges levelled against him only account of the fact that he is related to the main accused Ambesh Kumar Tiwari. It is submitted that there is no averment in the FIR that applicant was instrumental in given any promise or accepting any amount in lieu of transaction alleged. It is submitted that the entire gist of allegations have in fact been levelled against the main accused Ambesh Kumar Tiwari. It is submitted that applicant also does not have any previous criminal history and co-accused Garima Tiwari has already been enlarged on bail by this Court in Bail Application No. 12715 of 2024. 6. Learned A.G.A. has opposed bail application with submission that the gist of FIR clearly indicates complicity of applicant. It is, however, admitted that applicant does not have any previous criminal history and charge-sheet has not yet been filed. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the main gist of allegations have been levelled against Ambesh Kumar Tiwari who is said to have duped the informant on false promise. It is admitted that applicant does not have any previous criminal history. 8. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Vipin Dwivedi @ Subodh Kumar @ Subodh Kumar Dubey shall be released forthwith, in case of his arrest in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that 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 to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. 9. List this case on 19.05.2025, as fresh along with service report. 10. Objections may be filed in the meantime particularly indicating co- operation of applicant during the course of investigation." 5. After passing the aforesaid interim order, the State has filed a counter affidavit annexing there with copies of materials collected during the investigation. 6. The applicant has also filed a rejoinder affidavit. 7. The learned A.G.A. does not allege violation of any condition of interim anticipatory bail granted to the applicant. 8. Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant. 9. Accordingly, the anticipatory bail application is allowed. The interim order dated 01.05.2025 is made absolute in terms of the aforesaid order. Order Date :- 18.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench