HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 700 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Shivam Srivastava, learned counsel for the applicant and Shri Jayant Singh Tomar, learned A.G.A.-I for the State. 2. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 24.06.2025: "1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 153 of 2024, under Sections 419, 420, 467, 468, 471 of IPC, Police Station Kotwali Nagar, District Gonda. 3. Learned counsel for the applicant submits that the applicant was not posted in the department at the period of time during the alleged offence is said to have taken place. He added that even the name, which was said to be entered while committing forgery has been allowed to continued as tenant in the record of the Nagar Palika Parishad. He also submits that without the proper inquiry, the present applicant has been made liable for committing forgery though the same is false. He next added that the applicant is cooperating in the investigation proceedings and the custodial interrogation is not required in this matter. Thus, submission is that the applicant may be enlarged on anticipatory bail. 4. On the other hand, learned A.G.A. appearing for the State has opposed the Versus Counsel for Applicant(s) : Rahul Kumar Shukla, Mohit Singh, Shivam Srivastava Counsel for Opposite Party(s) : G.A. Sandeep Srivastava .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) contentions aforesaid and submits that the applicant is involved in committing the aforesaid offence, as such, he is not entitled to be released on anticipatory bail. 5. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Sandeep Srivastava shall be released forthwith, in case of his arrest 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 with 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 in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. 6. Let notice be issued to opposite party no. 2, returnable at an early date. 7. Steps be taken within a week. 8. If steps are taken, office shall proceed accordingly. 9. List/put up this matter on 08.07.2025 within top ten cases. 10. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits." 3. The office has reported on 08.07.2025 that the notice issued to the opposite party No.2 stands served personally but nobody on behalf of opposite party No.2 has put in appearance for opposing the anticipatory bail application. 4. The State has filed a counter affidavit annexing therewith copies of the ABAIL No. 700 of 2025 2 materials collected during the investigation. 5. The learned counsel for the applicant has filed a rejoinder affidavit.. 6. The learned A.G.A.-I does not allege violation of any condition of interim anticipatory bail granted to the applicant. 7. Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant. 8. Accordingly, the anticipatory bail application is allowed. The interim order dated 24.06.2025 is made absolute in terms of the aforesaid order. September 16, 2025 S. Shivhare ABAIL No. 700 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench