Neutral Citation No. - 2025:AHC-LKO:26091 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 484 of 2025 Applicant :- Rakesh Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Pranjal Krishna,Suhaib Ashraf 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-State. 1A. Supplementary affidavit filed today is taken on record explaining previous criminal history of applicant. 2. First Anticipatory Bail Application has been filed with regard to Case Crime no.594 of 2016 under Sections 420, 467, 468, 471 I.P.C., P.S. Wazirganj, District Lucknow. 3. As per contents of first information report which has been lodged against unidentified persons, allegation levelled is that identification documents of informant has been misused for purposes of opening a Bank Account fraudulently in the name of informant and was being operated in other name. 4. It has been submitted that applicant has been falsely implicated in charges levelled against him and even otherwise during course of investigation, it transpired that the only allegation levelled against applicant is that of unauthorizedly feeding refund due to the informant. It is submitted that for the said aspect, a separate first information report bearing Case Crime No.633 of 2018 under Sections 120-B read with Sections 420, 468, 471 IPC with Section 13(2) read with 13(1)(d) of Prevention of Corruption Act and Section 66 C & D of I.T. Act has been registered in Police Station CBI, STF, District Delhi. It is submitted that in the said F.I.R., applicant has already been enlarged on regular bail by this Court in Bail Application no.7525 of 2018 5. It is therefore submitted that applicant having not been involved in allegations pertaining to present F.I.R. is required to be protected since there is apprehension of his arrest. 6. Learned Additional Government Advocate has opposed anticipatory bail with submission that during course of investigation, it transpired that applicant was found involved in unauthorized refund of income tax. It is however, admitted that for the said aspect, applicant has already been enlarged on bail as indicated herein above. It is also submitted that investigation in the present case is still ongoing without charge-sheet having been filed and there is nothing adverse that applicant is not cooperating in investigation. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that present F.I.R. has been lodged only with regard to fraudulent opening of a Bank Account by obtaining and using identification documents of informant, whereas during course of investigation, applicant's involvement has been shown only with regard to unauthorized feeding of Income Tax refund in the name of informant, for which he has already been enlarged on bail. Investigation in the present matter is still ongoing. 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 BNSS. 8. In view of the above, it is provided that till filing of police report u/s 173(2) Cr.P.C./193 BNSS in the event of arrest, applicant Rakesh Kumar Singh 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 the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (i) That the accused-applicant shall make himself/herself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-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; and (iii) That the accused-applicant shall not leave India without the previous permission of the Court. (iv) In case of default, it would be open for the investigating agency to move application for vacation of this order. 9. The application stands disposed of. Order Date :- 6.5.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench