HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 574 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Vijayendra Prakash Tripathi, learned counsel for the applicants and Smt. Sikha Sinha, learned A.G.A.-I for the State. 2. The applicants were granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 29.05.2025: "1. Heard learned counsel for applicants and learned Additional Government Advocate appearing on behalf of opposite party no.1-State. 2. Issue notice to opposite party no.2. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.87 of 2019, under Sections 419, 420, 506 I.P.C., P.S. Khandasa, District Faizabad/Ayodhya. 4. As per contents of first information report, allegation levelled is that informant's daughter Meena with collusion of co-accused has obtained a fabricated sale deed in her favour allegedly executed by informant. 5. Learned counsel for applicants submits that applicants have been falsely implicated in allegations levelled against them and that in fact there is no allegation against them of having fabricated any sale deed. Applicants in fact are indicated only as marginal witnesses. It is also submitted that applicants had cooperated during investigation whereafter charge sheet was filed. 6. Learned Additional Government Advocate has opposed anticipatory bail with Versus Counsel for Applicant(s) : Vijayendra Prakash Tripathi, Harsh Prakash Counsel for Opposite Party(s) : G.A. Baboo Lal And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another .....Opposite Party(s) submission that after filing of charge sheet, applicants are not cooperating during trial due to which non-bailable warrants have been issued. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that applicants are not indicated as beneficiaries of sale deed and have been nominated as marginal witnesses. Main accused Meena has already been enlarged on bail by trial court vide Bail Application no.1374 of 2024. It has been submitted that applicants were unaware with regard to filing of charge sheet which led to issuance of non-bailable warrants and undertake to cooperate during trial. 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 applicants under Section 438 Cr.P.C./482 BNSS. 8. List this case on 10.07.2025, as fresh, along with service report. 9. Objections may be filed in the meantime. 11. In view of above, interim anticipatory bail is granted to applicants providing that in the event of arrest, applicants Baboo Lal and Shiv Prasad shall be released on interim bail on each of them furnishing a personal bond and two sureties of the like amount to the satisfaction of court concerned subject to following conditions:- (i) The applicants 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 them from disclosing such facts to the court or tamper with the evidence; (ii) The applicants shall not leave India without the previous permission of the court; (iii)The applicants shall not pressurize/ intimidate the prosecution witness; (iv)The applicants 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; 12. Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed." 3. In spite of expiry of sufficient period, the State has not filed any counter affidavit. 4. The learned A.G.A. does not allege violation of any condition of interim anticipatory bail granted to the applicants. 5. Keeping in view of the aforesaid facts and circumstances, there is nothing ABAIL No. 574 of 2025 2 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 applicants. 6. Accordingly, the anticipatory bail application is allowed. The interim order dated 29.05.2025 is made absolute in terms of the aforesaid order. September 17, 2025 S. Shivhare ABAIL No. 574 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench