Neutral Citation No. - 2025:AHC-LKO:28067 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 522 of 2025 Applicant :- Brijesh Kumar Pandey Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Anand Pratap Singh,Vinod Kumar 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. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 61 of 2023 under Sections 409, 420, 120-B IPC Police Station Ashiyana, District Lucknow. 3. As per contents of First Information Report which has been lodged only against one Vijay Kumar and does not nominate the applicant, allegation levelled is with regard to fabrication of documents by the nominated person in order to being advantage as partner in the firm. 4. It is submitted that applicant has been falsely implicated in allegations levelled against him which could be evident from the fact that he is neither nominated in the FIR nor is there any allegation levelled against him of either being an employee or a Director of the firm. It is submitted that his name has been included during the course of investigation only on the basis of a transaction between him and the nominated person Vijay Kumar which was not with regard to allegations levelled. It is submitted that applicant does not have any previous criminal history and is co-operating in investigation. 5. Learned AGA appearing on behalf of State has opposed bail application with the submission that applicant's name has been included during the course of investigation in view of the fact that there was certain financial transaction between him and the nominated person with regard to illegal transfer of immovable property which belonged to the firm. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that applicant has not been nominated in the FIR and has been included only on the basis of certain financial transaction between him and the nominated person. Investigation is yet ongoing and there is nothing adverse that applicant is not co-operating in the same. It is also admitted that applicant does not have any previous criminal history. 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- Brijesh Kumar Pandey 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