Neutral Citation No. - 2025:AHC-LKO:33312 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 620 of 2025 Applicant :- Surendra Kumar Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Manmohan Lal Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. In view of order being passed in this petition, notices to opposite party no.2 stand dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.0834 of 2023 under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Kotwali Sadar, District Lakhimpur Kheri. 4. As per contents of first information report, allegation levelled against applicant is that he has obtained appointment in the Prantiya Rakshak Dal on the basis of fabricated educational certificates. 5. It has been submitted that applicant has been falsely implicated in allegations levelled against him and that he had been appointed in year 2006 after due verification of all his educations certificates. It is submitted that therefore there was no occasion to have lodged a first information report after 17 years of applicant's appointment. It is stated that even otherwise there is no corroboration of allegations levelled against applicant since investigation is still ongoing in which applicant undertakes to cooperate. 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 the fact that applicant does not have any previous criminal history and investigation is still ongoing. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that F.I.R. has been lodged seventeen years after applicant's appointment. The aspect of fabrication of educational certificates is still under investigation 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. In view of the above, it is provided that till filing of police report u/s 173(2) Cr.P.C./193 BNSS in the event of arrest, applicant Surendra Kumar shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the 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. 9. The application stands disposed of. Order Date :- 30.5.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench