HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 573 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Karunesh Singh, the learned counsel for the applicant, Sri Satyendra Srivastava, learned A.G.A. appearing on behalf of the State and perused the records. 2. The applicant was granted interim anticipatory bail by means of the following order passed on 26.05.2025 by a Coordinate Bench of this Court: "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. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.275 of 2023, under Sections 34, 406, 420, 467, 468, 507 I.P.C., P.S. Sushant Golf City, District Lucknow. 4. As per contents of first information report, allegation levelled is of having deceived informant and his son out of a substantial amount of money on false pretext of providing Government employment. 5. Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him and a bare perusal of first information report will reveal that primary allegations have been alleged against co-accused Ashish and co-accused Shaktipal Singh. It is submitted that there is no specific allegation levelled against applicant of having deceived the informant. Investigation is still ongoing in which applicant undertakes to cooperate. Versus Counsel for Applicant(s) : Karunesh Singh, Vijay Pratap Singh Counsel for Opposite Party(s) : G.A. Amit @ Solu .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Of U.P. Lko. And Another .....Opposite Party(s) 6. Learned Additional Government Advocate has opposed anticipatory bail with submission that although investigation is ongoing but applicant is not cooperating in the same. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that primary gist of allegations have been levelled against co-accused Ashish and co- accused Shaktipal Singh. Investigation is still ongoing in which applicant undertakes to cooperate.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 08.07.2025, as fresh, along with service report. 9. Objections may be filed in the meantime. 10. Applicant is directed to appear before the Investigating Officer on 29.05.2025 at 2.00 P.M. 11. Learned Additional Government Advocate shall obtain instructions by the next date of listing regarding cooperation of applicant in the ongoing investigation. 12. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Amit @ Solu 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; (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." ABAIL No. 573 of 2025 2 3. The Chief Judicial Magistrate, Kashganj has reported that the notice issued to the opposite party no.2 stands served personally, but the opposite party no.2 has not come forward to oppose the anticipatory bail application. 4. The Sate has not filed a counter affidavit. 5. The learned A.G.A has stated that on the basis of written instruction provided to him on 15.05.2025 that the applicant was not cooperating with the investigation. 6. The learned counsel for the applicant has stated that after the applicant was granted interim anticipatory bail, he has appeared before the Investigating officer and he has recorded his statement. 7. 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 26.05.2025 granting anticipatory bail to the applicant. 8. In view of above, the interim order dated 26.05.2025 is made absolute and the anticipatory bail application is allowed. September 15, 2025 Preeti. ABAIL No. 573 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench