HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 464 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Desh Deepak Verma, learned counsel for the applicant and Shri Rajesh Kumar Singh, learned A.G.A.-I for the State. 2. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 20.05.2025: "1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1-State. 2. Issue notice to opposite party no.2. 2A. Supplementary affidavit filed today is taken on record. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.594 of 2024, under Sections 409, 420, 467, 468,471, 504, 506, 34 IPC and 3/21(3) Banning of Unregulated Deposit Schemes Act, P.S. Safdarganj, District Barabanki. 4. As per contents of first information report, applicant along with co-accused are Agents and officers of Loni Urban Multi State Credit & Thrift Co-operative Society and induced informant to invest substantial amount of money in the said organization but neither was the principal nor any interest thereto repaid. 5. Learned counsel for applicant submits that applicant has been falsely implicated in this case as he has not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.). 6. Attention has been drawn towards impugned F.I.R. wherein allegation has been Versus Counsel for Applicant(s) : Desh Deepak Verma Counsel for Opposite Party(s) : G.A. Rajesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) levelled against six named persons and some unknown persons. As per the allegation, one Company in the name of 'The Loni Urban Multi-State Credit & Thrift Co- operative Society' has been launched by present applicant and other persons taking money with assurance that such money shall be re-paid with good interest but the amount has not been repaid. The present applicant was an Agent of the aforesaid Company which was duly registered under the Ministry of Agriculture, Government of India. The present applicant was engaged as an Agent like other Agents and he deposited the money of some persons with the Company under bonafide impression that aforesaid Company shall repay the amount as per its assurance. The present applicant was not the beneficiary of the fund, rather, he was only interested for his salary. Learned counsel for applicant has stated that investigation is ongoing. Criminal history of present applicant has been explained. He is having permanent address, therefore, he is not a flight risk. He is ready to cooperate in the investigation. 7. Learned Additional Government Advocate has opposed anticipatory bail but does not dispute the factual aspects. 8. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that applicant has been indicated and admits to be an agent in aforesaid organization and was not involved in day to day functioning of the society. The aspect of whether the applicant was an agent or an officer of the said organization would be subject matter of evidence during the course of investigation which is still ongoing in which the applicant undertakes to cooperate. Criminal history of applicant has been explained. 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. 9 Connect and list this case along with CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 140 of 2025, as fresh, along with service report. 10. Objections may be filed in the meantime. 11. Learned Additional Government Advocate shall obtain instructions by the next date of listing regarding cooperation of applicant in the investigation. 12. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Rajesh Kumar shall be released on interim bail on his/her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned subject to 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; NABAIL No. 464 of 2025 2 (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." 3. The State has filed a counter affidavit annexing therewith copies of the materials collected during the investigation. 4. The learned A.G.A.-I does not allege violation of any condition of interim anticipatory bail granted to the applicant. 5. 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. 6. Accordingly, the anticipatory bail application is allowed. The interim order dated 20.05.2025 is made absolute in terms of the aforesaid order. September 17, 2025 S. Shivhare NABAIL No. 464 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench