HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 492 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. Nobody is present on behalf of the applicant to press the instant application and no request for adjournment has been made. Sri Ashok Kumar Srivastava, the learned A.G.A for the State is present. 2. The applicant was granted interim anticipatory bail by means of the following order passed on 21.05.2025 by a Coordinate Bench of this Court: "1. Heard learned counsel for applicant and learned A.G.A. for State-opposite party. 2. Issue notice to opposite party No.2. 3. First anticipatory bail application has been filed with regard to case crime No. 111 of 2025, under Sections 419, 420, 467, 468, 471 of IPC, P.S. Bihar, District Unnao. 4. As per contents of F.I.R., applicant stands accused of providing a fabricated E.W.S. certificate to the brother of informant due to which his appointment in a Government job is under investigation. 5. It is submitted that applicant has been falsely implicated in allegations levelled against him as would be evident from the FIR itself which admits that the brother of informant was used to applying and procuring E.W.S. certificate every year on his own and therefore there was no occasion for him to have Versus Counsel for Applicant(s) : Versha Rani Srivastava, Mohd. Salman Counsel for Opposite Party(s): G.A. Prateek Kumar Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) procured the same through the applicant. It is submitted that applicant was not at all involved in issuance of procuring the E.W.S. certificate of the year 2023. It is submitted that applicant undertakes to co-operate in the investigation, which is still ongoing. 6. Learned A.G.A. has opposed bail application with submission that applicant is not co-operating in the investigation although it is admitted that he does not have any previous criminal history. 7. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that the aspect of applicant's involvement in procuring a fabricated E.W.S. certificate of brother of informant for the year 2023 is yet under investigation in which applicant undertakes to co-operate. 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 Prateek Kumar Srivastava 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 02.07.2025, as fresh along with service report. 12. Objections shall be filed in the meantime. 13. Applicant is directed to appear before the Investigating Officer on NABAIL No. 492 of 2025 2 26.05.2025 at 02:00 PM. 14. Learned AGA shall obtain instructions by next date of listing with regard to co-operation of applicant in investigation. " 3. The office has reported that the notice to the opposite party no.2 stands served personally but the opposite party no.2 has not put in appearance to oppose the anticipatory bail application. 4. The State has filed a counter affidavit opposing the anticipatory bail but the learned A.G.A has not alleged any misuse of the liberty of granting interim anticipatory bail to the applicant. 5. In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate Bench of this Court on 21.05.2025 granting anticipatory bail to the applicant. 6. In view of above, the interim order dated 21.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 19, 2025 Preeti NABAIL No. 492 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench