Court No. - 17 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 786 of 2025 Applicant :- Shivmurti Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Atul Verma,Akhilendra Pratap Singh,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Counter affidavit filed by Sri Beer Prakash, learned counsel for the complainant is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel appearing for the complainant. 3. The present second bail application has been filed on behalf of the applicant seeking anticipatory bail in F.I.R. No. 131 of 2023, under Sections 306 I.P.C., Police Station Gosainganj, District - Lucknow. 4. Learned counsel for the applicant submits that he does not have any criminal antecedent and has been falsley implicated in the present case. He also submits that earlier applicant had filed Criminal Misc. Anticipatory Bail Application No.1292 of 2023, which was dismissed on 31.5.2023 with the observation that in case, the applicant applied for regular bail, the same shall be considered and decided expeditiously. He further submits that the applicant in place of filing regular bail, moved Criminal Misc. Writ Petition No.4506 of 2023 for quashing of the F.I.R., in which, interim protection was granted on 12.6.2023 that petitioner shall not be arrested in connection with the impugned F.I.R., however, the petitioner shall cooperate in the investigation till the next date of listing. 5. Learned counsel for the applicant submits that applicant cooperated in the investigation and his statement was also recorded under Section 161 Cr.P.C., thereafter, charge sheet was submitted by the Investigating Officer on 30.6.2023 under Section 306 I.P.C, which was also forwarded to the court concerned. He further submits that applicant never misused the liberty. He also relies on the decision of Hon'ble Supreme Court in the case of "Musheer Alam Vs. The State of U.P. & Anr." passed in Special Leave to Appeal (Crl.) No.18081 of 2024 and submits that once the investigation is over and charge sheet is filed, then accused should be asked to appear before the court concerned and furnish bail bond to the satisfaction of the court. In such circumstances, applicant is entitled for protection of this Court under the provisions of anticipatory bail. 6. Learned A.G.A. as well as learned counsel for the complainant oppose the prayer of the applicant and submit that applicant is a money lender and he is in habit to allure the persons by providing money at meager interest but thereafter exorbitant compound interest is being charged and in the present case, applicant insisted the brother of the complainant for payment of huge money in lieu of the money taken by him adding compounding interest, as a result, he committed suicide but they do not dispute this fact that first anticipatory bail of the applicant was rejected, then applicant preferred writ petition, in which, interim protection was granted and he cooperated in the investigation. 7. Considering the submissions of the learned counsel for the applicant, learned A.G.A. as well as learned counsel for the complainant and gone through the contents of the F.I.R., bail application as well as order passed by the writ court in Criminal Misc. Writ Petition No. 4506 of 2023, it is evident that applicant was not taken into custody, during the course of investigation he cooperated in the investigation and now charge sheet has been filed. 8. Thus, having regard to all the facts and circumstances of the case, the present anticipatory bail application stands allowed. In the event of arrest of the applicant- Shivmurti Verma, he shall be released on anticipatory bail on his furnishing personal bond of Rs.50,000/- with two sureties each in the like amount to the court concerned with the following conditions:- (i) 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 them from disclosing such facts to the Court or to any police officer; (ii) The applicant shall not leave the country without the previous permission of the Court. 9. Any violation of above conditions will be treated misuse of bail and court below will be at liberty to pass appropriate order in the matter. Order Date :- 22.7.2025 GauraV/- Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench