Neutral Citation No. - 2025:AHC-LKO:4580 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1748 of 2024 Applicant :- Shesh Narayan Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Arun Kumar Mishra,Abhishek Mishra Counsel for Opposite Party :- G.A.,Anurag Tripathi Hon'ble Shree Prakash Singh,J. On 21-01-2025, the following order was passed in this case:- "Case is called out. No one is present for the complainant. Put up this matter tomorrow i.e. 22.01.2025. Interim order, if any, granted earlier shall continue till the next date of listing." This case is fixed for today vide order dated 22-01- 2025. Case called out. No one is present for the complainant. Under the aforesaid circumstances, the court is proceeding to pass order in the absence of learned counsel for 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 accused-applicant on anticipatory bail in Case Crime No. 24 of 2023, under sections 419, 420, 468, 471 of the I.P.C., Police Station- Kotwali Nagar, District-Pratapgarh. From perusal of the order sheet, it appears that on 06.08.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "1. The present application has been filed by the applicant seeking anticipatory bail in case crime No. 24 of 2023 under Sections 419, 420, 468, 471 Indian Penal Code, Police Station Kotwali Nagar, District Pratapgarh. 2. Heard learned counsel for the applicant and learned Additional Government Advocate for the State as well as perused the record. 3. It is alleged in the prosecution case that sale deed has been executed on 30.3.2013 and the role of the applicant is limited to identification of person who has afÏxed the photograph on the deed in question. 4. Learned counsel for the applicant submits that the applicant is innocent. FIR has been lodged after ten years. The dispute is primarily civil in nature. He further submits that charge-sheet in the matter has been filed. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer for anticipatory bail. He prays for and is allowed two weeks' time to file objections/counter afÏdavit. 6. Issue notice to respondent No.2. 7. List on 28.8.2024. 8. Considering the above aspects of the matter, perusal of the record and the facts that the offences are triable by Magistrate as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant till the next date of listing. 9. Till the next date of listing, it is provided that in the event of arrest, the applicant Shesh Narayan Mishra shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:- 1. that the applicant shall not leave India without the previous permission of the court; 2. that the applicant shall not pressurize/ intimidate the prosecution witness; 3. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 4. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the anticipatory bail. Such other reasonable conditions which the learned trial court may deem fit may be imposed." From perusal of the order dated 06.08.2024, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Shesh Narayan Mishra till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police ofÏcer 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 ofÏcer 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 interim protection. Order Date :- 23.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench