Neutral Citation No. - 2025:AHC-LKO:28040 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 512 of 2025 Applicant :- Anand Kumar @ Annu Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manoj Kumar Misra,Aseem Samant Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned AGA appearing on behalf of State. In view of order being passed, notice to opposite party no.2 stands dispensed with. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 191 of 2023 under Sections 419, 420, 467, 468, 471 of IPC, Police Station Kotwali Nagar, District Gonda. 3. As per contents of First Information Report, applicant alongwith co-accused is said to be instrumental in fabrication of will deed dated 02.07.1996 said to have been executed by deceased father of the informant, late Tarun Chandra Tiwari. The will is said to have been executed in favour of applicant and one Smt. Jamwanti with one Sunita Devi being marginal witness in the said will. 4. It is submitted that applicant has been falsely implicated in allegations levelled against him which would be evident from the fact that the FIR is highly belated without any cogent explanation since the will is allegedly said to have been executed in 1996. It is submitted that a suit for declaration against the said will has already been filed and is yet pending consideration and therefore the said will has not been cancelled or set aside by any Court of competent jurisdiction till date. It is submitted that investigation is still ongoing in which applicant is co-operating. It is also submitted that marginal witness of the said will, Sunita Devi, has already been granted anticipatory bail by this Court in Bail Application No. 2716 of 2024. 5. Learned AGA appearing on behalf of State has opposed bail application with the submission that contents of FIR clearly indicate complicity of applicant in allegations levelled against him. It is, however, admitted that previous criminal history of one case has been explained and investigation is still ongoing. It is admitted that there is nothing adverse against applicant with regard to his co-operation. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the entire gist of allegations levelled against applicant is that of having fabricated a will on 02.07.1996. Civil litigation with regard to same is yet pending consideration. Investigation is also pending in which applicant is co-operating. Previous criminal history of applicant has been explained. 7. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 8. In view of the above, it is provided that in the event of arrest, the applicant- Anand Kumar @ Annu shall be released on anticipatory bail in the aforesaid Case Crime number on his 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:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. 9. The application stands disposed of. Order Date :- 14.5.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench