HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 533 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Dharmendra Kumar Gupta, Advocate holding brief of Sri Pankaj Gupta the learned counsel for the applicant, Sri Ashok Kumar Srivastava, the 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 27.05.2025 by a Coordinate Bench of this Court: "Heard learned counsel for applicant and learned A.G.A. for State- opposite party. First anticipatory bail application has been filed with regard to case crime No. 69 of 2025, under Section 406, 419, 420, 467, 468, 471, 120-B IPC, P.S. Hasanganj, District Lucknow. As per contents of F.I.R., allegation levelled is of forgery pertaining to documents for purposes of grant of loan by the bank concerned. Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him which would be evident from the fact that applicant has been introduced as a mediator who has been employed only for the purposes of introducing the persons requiring loan with the bank. It is submitted that there is no specific allegation levelled against the applicant of having committed any forgery or obtaining a loan on that account. Versus Counsel for Applicant(s) : Pankaj Gupta Counsel for Opposite Party(s) : G.A. Sarvesh Kumar .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. .....Opposite Party(s) Learned A.G.A. has opposed bail application with submission that applciant is not cooperating in the investigation. 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 only role assigned to the applicant in the F.I.R. is that of being an agent who introduces persons requiring loan with officials of the bank. There does not appear to be any specific allegation levelled against the applicant of having obtained the loan on the basis of forged documents. The applicant does not have any previous criminal history and undertakes to cooperate in the investigation. 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. Let the accused-applicant Sarvesh Kumar 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. 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. List this case on 8th July, 2025 as fresh along with service report. Objections may be filed in the meantime. NABAIL No. 533 of 2025 2 Learned A.G.A. shall obtain instructions by the next date of listing with regard to cooperation of applicant in the investigation. " 3. The State has not filed any counter affidavit. 4.Although, no notice was issued to any party, the office has wrongly reported that the learned counsel for the applicant has not taken steps in the matter. 5. The learned A.G.A could not point out any misuse of the liberty of granting interim anticipatory bail to the applicant. 6. In absence of counter affidavit, there is no material which may persuade this Court to take a view different from the view taken by a Coordinate Bench of this Court on 27.05.2025 granting anticipatory bail to the applicant. 7. In view of above, the interim order dated 27.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 19, 2025 Preeti NABAIL No. 533 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