HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1453 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 06.09.2022, after hearing learned counsel for the applicant and learned A.G.A. for the State, this court had passed the following order: "Heard Sri Amit Kumar Singh, learned counsel for the applicant and Sri Hari Shankar Vajpayee, learned A.G.A. for the State and perused the material on record. The present bail application has been filed on behalf of applicant Sonu Kumar under Section 438 of the Code of Criminal Procedure, with a prayer to release him on anticipatory bail in Case Crime No. 482 of 2019 for offence punishable under Sections 419, 420, 467, 468, 471 of the Indian Penal Code, registered at Police Station- Gauriganj, District- Amethi till the conclusion of trial, after rejecting the anticipatory bail application of the applicant by Additional District & Sessions Judge, Court No.13, Sultanpur, vide order dated 01.07.2022. 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 applicant has challenged the appointment cancellation order dated 29.10.2018 in Service Single No. 22875 of 2021 in which counter affidavit and rejoinder affidavit have been called on 07.10.2021. It is further submitted that without any verification from the concerned department the present F.I.R. has been lodged with regard to the offences of cheating and preparation of forged mark sheet of High School Examination against 16 persons including the present applicant. It is further submitted that co-accused Mukesh Kumar, having similar role, has already been granted anticipatory bail by the Co-ordinate Bench of this Court in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1049 of 2022 on 06.07.2022. Versus Counsel for Applicant(s) : Amit Kumar Singh Counsel for Opposite Party(s) : G.A. Sonu Kumar .....Applicant(s) State Of U.P. Thru. Its Addl. Prin. Secy. Home Lko. And Anohter .....Opposite Party(s) 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. In case of arrest, the applicant, Sonu Kumar 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 ABAIL No. 1453 of 2022 2 interim anticipatory bail to the applicant. 5. Co-accused Mukesh Kumar has been granted anticipatory bail in the present case by means of an order dated 18.12.2023 passed by this Court in Crl. Misc. Anticipatory Bail No.1049 of 2022. 6. In view of above, the interim order dated 06.09.2022 is made absolute and the anticipatory bail application is allowed. September 10, 2025 -Amit K- ABAIL No. 1453 of 2022 3 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench