Neutral Citation No. - 2025:AHC-LKO:38316 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 551 of 2025 Applicant :- Prem Kumar Bajpai Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Suresh Chandra Tiwari Counsel for Opposite Party :- G.A.,Srees Kumar Srivastava,Tiwari Shivani Subhash Hon'ble Karunesh Singh Pawar,J. Counter affidavit filed today is taken on record. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 43 of 2016 under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Fatehpur Chaurasi, District Unnao. Heard learned counsel for the applicant and learned A.G.A. for the State. The Co-ordinate Bench of this Court vide order dated 27.05.2025 has passed the following order:- " 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1- State. 1A. Learned counsel for applicant is granted liberty to implead the informant as opposite party no.2 and to renumber the opposite parties during course of the day. 2. Issue notice to opposite party no.2. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.43 of 2016 under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Fatehpur Chaurasi, District Unnao. 4. As per contents of first information report, applicant who also belongs to family of informant allegedly got his name mutated over a portion of the ancestral property fraudulently. 5. Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him which would be evident from fact that applicant is the son of second wife of father of informant and also has a share in the ancestral property. It is submitted that earlier applicant had filed Writ Petition No.13834(M/B) of 2016 in which he was granted stay from arrest vide order dated 10.06.2016 and thereafter has filed Application under Section 482 Cr.P.C. bearing no.5221 of 2019 in which he was granted liberty to file an application for discharge and till then protection was provided. It is submitted that charge-sheet in the meantime has been filed and applicant undertakes to cooperate in the trial. It is submitted that applicant does not have any previous criminal history. 6. Learned Additional Government Advocate has opposed anticipatory bail but does not dispute aforesaid factual aspects. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that primary dispute pertains to alleged fraudulent mutation entries. The aspect of applicant's share in ancestral property and civil dispute being given a criminal colour would require consideration. Earlier protection had been granted to applicant. 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. 8. List this case on 07.07.2025, as fresh, along with service report. 9. Objections may be filed in the meantime. 10. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Prem Kumar Bajpai shall be released on interim bail on his/her furnishing a personal bond and two sureties each of the like amount to the satisfaction of court concerned subject to following conditions:- (i) The 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 tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. " Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties before the court of concerned C.J.M. He has duly cooperated in the investigation. Charge- sheet in the case has already been filed. He has not misused the liberty of interim anticipatory bail granted by this Court. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that the applicant has no previous criminal history, charge-sheet in the case has already been filed, the applicant has not misused the liberty of anticipatory bail granted by this Court coupled with the undertaking given by the applicant that he will cooperate in the trial as also the interim protection granted by this Court vide order dated 27.05.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)- 2020 SCC online SC 98. The application stands allowed. Order Date :- 7.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench