HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1412 of 2022 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. Nobody is present to press the application and no request for adjournment has been made. 2. Shri Manish Kumar Pandey, the learned AGA is present. 3. On 30.08.2022, after hearing learned counsel for the applicant and learned A.G.A. for the State, this court had passed the following order: "Heard Sri Dinesh Kumar Shukla, learned counsel for the applicant and Sri Triveni Prasad, learned A.G.A. for the State and perused the material on record. The present bail application has been filed on behalf of applicant Lallu Singh under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No. 128 of 2022, for offence punishable under Sections 379, 411 of I.P.C. and Section 3/57/7 of U.P. Sub Mineral Manual 1963 and Section 21 (4) of the Mines and Minerals (Development Regulation) Act, 1957, registered at Police Station- Matera, District- Bahraich till the conclusion of trial, after rejecting the anticipatory bail application of the applicant by 1st Additional Sessions Judge, Bahraich vide order dated 04.08.2022. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is further submitted that applicant has not named in the first information report. It is further submitted that no incriminating article has been recovered from the possession or pointing out of the applicant. The alleged recovery of sand have been made from two tractors one Mahendra and one Sonalika, the applicant has no concern with the aforesaid tractors. It is further submitted that due to enmity of village panchayat election as well as on the basis of confessional statement of Suneel Singh and Jabir Khan, he has been implicated in the present case. It is further submitted that the applicants is no more required for custodial Versus Counsel for Applicant(s) : Dinesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Lallu Singh .....Applicant(s) State Of U.P. Thur. Secy. Home Lko. And Another .....Opposite Party(s) interrogation. The applicant has no criminal history and he has not undergone any imprisonment after conviction by any court of law in relation to any cognizable offence previously. It is further contended that the applicant is ready to participate in the investigation. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant. It is settled position of law that the anticipatory bail being an extraordinary privilege should be granted only in exceptional cases. Parameters for grant of anticipatory bail in a serious offence are required to be satisfied, where the Court is prima facie of the view that the applicant has falsely roped in the crime and would not misuse his liberty. Considering the facts and circumstances of the case and the law laid down by the Hon'ble Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98, ground for grant of ad interim anticipatory bail is made out. Learned A.G.A. may file counter affidavit within two weeks. Rejoinder affidavit, if any, may be filed within one week thereafter. List on 19.09.2022. In case of arrest, the applicant, Lallu Singh is directed to be enlarged on anticipatory bail till the hearing of the present application in above case crime number, on his furnishing personal bond of Rs. 25,000/- and two sureties each of like amount before the Station House Officer of Police Station/Court concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer as and when required, if investigation is in progress; (ii) 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 such person from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave the country without the previous permission of the Court and if he has passport, the same shall be deposited by them before the S.S.P./S.P. concerned/Court concerned; (iv) The party shall file computer generated copy of such order downloaded from the official website of High Court Allahabad, self attested by the applicant along-with a self attested identity proof of the said person (preferably Aadhar Card) mentioning the mobile number to which the said Aadhar Card is linked; (v) The concerned Court/Authority/Official shall verify the authenticity of such computerized copy of the order from the official website of High Court Allahabad and shall make a declaration of such verification in writing. The Investigating Officer will continue with the investigation, if it is in progress and will not be affected by this order." 4. The State has filed a counter affidavit but the learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant. ABAIL No. 1412 of 2022 2 5. In view of above, the interim order dated 30.08.2022 is made absolute and the anticipatory bail application is allowed. September 10, 2025 -Amit K- ABAIL No. 1412 of 2022 3 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench