Neutral Citation No. - 2025:AHC-LKO:48224 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1460 of 2022 Applicant :- Sunil Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sachida Nand Singh,Abhishek Singh,Dharmendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Dharmendra Pratap Singh, the learned counsel for the applicant, Sri R.K. Singh, the learned A.G.A.-I appearing on behalf of the State and perused the records. 2. The applicant was granted an interim anticipatory bail by a coordinate Bench of this court by means of following order passed on 06.09.2022: "Heard Sri Abhishek Singh, learned counsel for the applicant and Sri Shiv Kumar Mishra, learned A.G.A. for the State and perused the material on record. The present bail application has been filed on behalf of applicant Sunil 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 the Indian Penal Code and Rules 3/57/7 of Uttar Pradesh Minor Minerals (Concession) Rules, 1963 and Section 21(4) of Mines and Minerals (Regulation and Development) Act, 1957, registered at Police Station- Matera, District- Bahraich till the conclusion of trial, after rejecting the anticipatory bail application of the applicant by Additional Sessions Judge, Bahraich, vide order dated 23.08.2022. 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 the allegation of the first informant has stated that the applicant and another co-accused persons committed the theft of revenue which is non punishable under I.P.C. It is further submitted that Rules 3/57/7 of Uttar Pradesh Minor Minerals (Concession) Rules, 1963 have been suppressed by notification no.1157/86-2021-03(Sa)/2021. It is further submitted that offence punishable under Section 21(4) of Mines and Minerals (Regulation and Development) Act, 1957 is compoundable. It is further submitted as per the recovery memo, the alleged vehicle is not seized from the spot. It is further submitted that co-accused person Lallu Singh, having similar role, has already been granted interim anticipatory bail by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.1412 of 2022 on 30.08.2022. It is further submitted that the applicant is no more required for custodial 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 28.09.2022 for final hearing. In case of arrest, the applicant, Sunil 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. " 3. The State has filed a counter affidavit annexing therewith copy of the material collected during investigation and a copy of charge sheet dated 23.10.2022. 4. There is no allegation of any misuse of liberty of interim anticipatory bail by the applicant. 5. In view of the aforesaid facts, this court finds no good ground to take a view different from the one taken by coordinate Bench while passing the interim order dated 06.09.2022. 6. In view of above, the interim order dated 06.09.2022 is made absolute and the anticipatory bail application is allowed in terms thereof. . [Subhash Vidyarthi, J.] Order Date :- 18.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench