Neutral Citation No. - 2025:AHC-LKO:48164 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 505 of 2025 Applicant :- Ramapati Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 3 Others Counsel for Applicant :- D.P. Dutt Tiwari,Piyush Kumar Mishra Counsel for Opposite Party :- G.A.,Shivendra Pratap Singh,Vineet Kumar Chaurasia Hon'ble Subhash Vidyarthi,J. 1. Heard Shri D.P. Dutt Tiwari, learned counsel for the applicant, Shri Mayank Sinha, learned A.G.A. for the State and Shri Vineet Kumar Chaurasia, learned counsel for the complainant. 2. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 08.05.2025: "1. Heard learned counsel for applicant and learned AGA appearing on behalf of State. 2. Issue notice to opposite parties no. 2 to 4. 3. This first anticipatory bail application has been filed with regard to FIR No. 186 of 2023 under Sections 420, 406, 467, 468, 471, 352, 504 & 506 IPC, Police Station Vibhuti Khand, District Lucknow. 4. As per contents of first information report, the informants collectively established an authorization in the name of Panchsheel Global and had provided a substantial sum of amount to the informant and his son for purposes of registration of the said organization. Allegation levelled is that the informants suspect that on the pretext of registration of the said organization, the applicant and his co-accused have obtained signatures fraudulently on various other documents as well which are being utilized for ulterior motives. 5. Learned counsel for applicant submits that applicant has been falsely implicated in charges levelled against him which would be evident from the fact that the FIR has been lodged only on the basis of suspicion without any corroboration of allegations levelled. It is submitted that charge-sheet has not yet been filed and applicant undertakes to co-operate in the investigation. It is also submitted that applicant does not have any previous criminal history. 6. Learned AGA has opposed bail application with the submission that allegations levelled against applicant are self-evident and submits that applicant is not co-operating in the investigation. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that at this stage, the FIR has been lodged only on the basis of suspicion that applicant has mis-utilized documents obtained by him for purposes of registration of the organization. Investigation is still ongoing and admittedly there is no previous criminal history. 8. 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. 9. Let the accused-applicant Ramapati Mishra 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. 10. 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. 11. List this case on 22.05.2025, as fresh alongwith service report. 12. Objections may be filed in the meantime. 13. Applicant shall produce himself before Investigating Officer concerned on 14.05.2025 at 02:00 PM. 14. Learned AGA shall obtain instructions by next date of listing whether the applicant is co-operating in the investigation or not." 3. The State has filed a counter affidavit annexing therewith a copy of the materials collected during the investigation. 4. The applicant has filed a rejoinder affidavit inter alia stating that the applicant has appeared before the Investigating Officer on 14.05.2025 and has filed his detailed reply along with relevant record and the Investigating Officer has already submitted charge sheet under Sections 420, 409, 352, 504, 506, 120-B I.P.C. 5. The complainant has not filed any counter affidavit. 6. The learned A.G.A. does not allege violation of any condition of interim anticipatory bail granted to the applicant. 7. Keeping in view 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. 8. Accordingly, the anticipatory bail application is allowed. The interim order dated 08.05.2025 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