Neutral Citation No. - 2025:AHC-LKO:11272 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1508 of 2024 Applicant :- Rahul Singh @ Rahul Somvanshi Opposite Party :- State Of U.P Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Amol Kumar Srivastava,Parvez Ahmad Siddiqui Counsel for Opposite Party :- G.A.,D.S. Pandey,Firdaus Bano,K.K.Dubey,Krishna Kumar Dubey,Sapna Pandey Hon'ble Shree Prakash Singh,J. Case is called out in the revised list. No one is present on behalf of the complainant. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in FIR No. 400 of 2023, under Sections 419, 420, 467, 468, 471, 506, 409 IPC, Police Station Gosaiganj, District Lucknow. From perusal of the order sheet, it appears that on 22.07.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "1. Power/ Vakalatnama has been filed by Ms. Sapna Pandey, Shri K.K. Dubey, Shri D.S. Pandey and Ms. Firdaus Bano on behalf of the informant, which is taken on record. They submit that some reasonable time be granted for the purpose of filing counter affidavit/ objections. 2. Learned counsel for the applicant submits that vide order dated 1.2.2024 interim protection till submission of police report under Section 173(2) Cr.P.C. was granted to the applicant and the applicant has not violated any condition, thus his personal liberty be protected. 3. Having regard to the request made on behalf of the respondents let this case e listed on 7.8.2024 showing the names of Ms. Sapna Pandey, Shri K.K. Dubey, Shri D.S. Pandey and Ms. Firdaus Bano as counsel for the informant.. 4. It is provided that till the next date of listing, the applicant -Rahul Singh @ Rahul Somvanshi shall not be arrested by the police in the above mentioned case." Counter affidavits of both the opposite parties have been filed. Chargesheet has also been filed in the matter. From perusal of record, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed. The applicant, namely, Rahul Singh @ Rahul Somvanshi shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned, till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) that the 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; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 20.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench