HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 537 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Prince Singh, the learned counsel for the applicant, Sri Ashok Kumar 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 28.05.2025 by a Coordinate Bench of this Court: "1. Heard learned counsel for applicant and learned A.G.A. for State-opposite party. 2. Issue notice to opposite party No.2. 3. First anticipatory bail application has been filed with regard to case crime No. 233 of 2025, under Sections 329(3), 308(5), 351(3) BNS, P.S. Gangaghat, District Unnao. 4. As per contents of F.I.R., the informant and his partners allegedly gave an amount of Rs.2,85,000/- to applicant and co-accused ostensibly for the purposes of removing unauthorized occupation by one Gulzari Nishad over immovable property which was purchased by informant. Allegation levelled is that despite having received money, the said property was not released in favour of the informant who subsequently came to know that applicant was in fact in collusion with the said Gulzari Nishad. 5. It is submitted that applicant has been falsely implicated in allegations levelled against him only on account of previous enmity and that a bare Versus Counsel for Applicant(s) : Manoj Kumar Dwivedi, Prince Singh Counsel for Opposite Party(s) : G.A. Devendra Kumar @ Devendra Awasthi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) perusal of the FIR itself would indicate absurdity of the allegations levelled against applicant. It is submitted that except for allegations levelled in the FIR, there is no direct or indirect evidence against the applicant who has explained previous criminal history and undertakes to co-operate in the investigation, which is still ongoing. 6. Learned A.G.A. has opposed bail application with submission that applicant in fact is not co-operating in the investigation. 7. 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 the aspect of payment of amount as well as complicity of applicant in allegations levelled against him are yet under investigation in which he undertakes to co-operate. Previous criminal history of four cases has been explained. 8. 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. 9. Let the accused-applicant Devendra Kumar Awasthi 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. 10. 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. 11. List this case on 04.07.2025, as fresh along with service report. 12. Objections shall be filed in the meantime. NABAIL No. 537 of 2025 2 13. Applicant is directed to appear before the Investigating Officer on 02.06.2025 at 02:00 PM. 14. Learned AGA shall obtain instructions by next date of listing with regard to co-operation of applicant in investigation. " 3. The State has filed a counter affidavit annexing therewith copies of material collected during investigation but the learned A.G.A has not alleged any misuse of the liberty of granting interim anticipatory bail to the applicant. 4. 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 28.05.2025 granting anticipatory bail to the applicant. 5. In view of above, the interim order dated 28.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 19, 2025 Preeti NABAIL No. 537 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