HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 545 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. Nobody is present to press the application which is pending since 12.05.2025 and no request for adjournment has been made. The learned AGA for the State is present. 2. Therefore, the Court proceeds to examine the records and pass appropriate orders. 3. On 20.05.2025, after hearing learned counsel for the applicant and learned A.G.A. for the State, this court had passed the following order:- "1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no. 1-State. Supplementary affidavit filed today is taken on record. 2. Issue notice to opposite party no.2. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.461 of 2023, Section 406, 420, 467, 468, 471, 323, 342, 504, 506, 147 IPC, registered at Police Station Gudamba, District Lucknow. 4. As per contents of first information report, allegation levelled against applicant and co-accused is that they deceitfully induced the informant to make substantial investment in the Company namely Time- City Real Estate India Limited and sister companies investing substantial amount of many in the aforesaid Companies on the false pretext of providing immoveable properties which was never executed. Versus Counsel for Applicant(s) : Manoj Kumar Mishra, Ajay Kumar Verma, Shubham Kumar Verma Counsel for Opposite Party(s) : G.A., Gaurav Mani, Umesh Chandra Susheel Kumar Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) 5. It is submitted that applicant has been falsely implicated in allegations levelled against him which would be evident from the fact that there is no specific allegations of any deceitful promise being attributed to applicant. Learned counsel for applicant has drawn attention to the fact that Chairman of the Company Pankaj Kumar Pathak has been enlarged on bail by Sessions Court in Bail Application No.453 of 2025. Specifically recording the fact that the Company is very much in existence and undertakes to execute its programmes. The order also indicates efforts being made by Company to fulfill its promises. 6. Learned counsel has drawn attention to paragraph 4 onwards of supplementary affidavit filed today to submit that the informant has already been refunded an amount of Rs.1,08, 000/- out of the total amount invested being Rs.13,70,500/- and also undertakes to execute the sale-deed with regard to immoveable property of plot No.C-104 in favour of applicant. It is submitted that previous criminal history of applicant has already been explained and he undertakes to cooperate in the investigation and fulfill his promise made to the informant. 7. Learned Additional Government Advocate has opposed anticipatory bail with submission that contents of FIR clearly indicate allegations levelled against applicant. It is however admitted that investigation is still ongoing and there is nothing adverse with regard to applicant's cooperation therein. 8. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that bail application of Chairman of Company has already been allowed in terms of observations made hereinabove. Applicant also undertakes to fulfill his promises and have been made and submits that the Company is very much in existence. 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. List this case on 03.07.2025, as fresh alongwith service report. 10. Objections made be filed in the meantime. 11. Learned AGA shall obtain instructions by the next date of listing with regard to fulfillment of undertaking by the applicant and his cooperation in the investigation. 12. In view of 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- Susheel Kumar Mishra shall be released on ABAIL No. 545 of 2025 2 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/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (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." 4. The complainant has put in appearance through his counsel but no counter has been filed by the complainant. State has also not filed any counter affidavit. 5. The learned A.G.A. as well as the learned counsel for the complainant did not point out any violation of the conditions of interim anticipatory bail by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant. 6. In view of above, the interim order dated 20.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the order dated 20.05.2025. September 15, 2025 Pradeep/- ABAIL No. 545 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench