Neutral Citation No. - 2025:AHC-LKO:41511 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 883 of 2025 Applicant :- Shivendra Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Krishna Kumar Singh,Anshu Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present application has been filed seeking anticipatory bail in Case Crime No. 0197 of 2024, under Sections 406, 419, 420, 468, 471 of the Indian Penal Code, Police Station Mahanagar, District Lucknow. Heard Ms. Anshu Singh, learned counsel for the applicant, and the learned Additional Government Advocate for the State. It is alleged in the prosecution case that the complainant had taken admission in Warrior Defence Academy, Bada Chandganj, Lucknow, where the applicant and one Shubham Gupta were serving as physical trainers. It is further alleged that the applicant, along with the co-accused, lured the complainant and demanded a sum of Rs.11,00,000/- on the pretext of securing a job in the Police, Railways, and Army. On 16.01.2023, the complainant allegedly paid Rs.5.50 lakhs in cash to the applicant and also handed over a cheque of Rs.6.30 lakhs. Additionally, it is alleged that Rs.5.47 lakhs were transferred online into the accounts of one Surendra Kumar Yadav and other co-accused persons on multiple occasions. However, no appointment was provided, and a fake joining letter along with a verification document was sent through post. Learned counsel for the applicant submits that the applicant has no previous criminal history and is a government employee. It is also submitted that a notice under Section 138 of the Negotiable Instruments Act was given to the applicant by the complainant through his counsel, which is on record as Annexure-3. A perusal of the said notice reveals that the allegations made in the FIR find no mention therein, which prima facie casts doubt on the veracity of the prosecution story and indicates possible false implication of the applicant. Learned counsel further undertakes that the applicant shall fully cooperate in the investigation. Learned Additional Government Advocate has opposed the prayer and submitted that the investigation is still pending. On due consideration of the fact that the applicant is a government servant with no previous criminal antecedents, the incident allegedly occurred on 16.01.2023, the FIR appears to have been lodged after an unexplained delay of nearly two years, and taking note of the fact that the complainant has already issued a notice under Section 138 of the N.I. Act, and without expressing any opinion on the merits of the case, this Court is of the view that the liberty of the applicant deserves to be protected in view of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC Online SC 98. In view of the above, the application is allowed. It is provided that in the event of arrest, the applicant, Shivendra Singh, shall be released on anticipatory bail in the aforesaid case on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned, subject to the following conditions: The applicant shall cooperate in the investigation and shall not influence the witnesses. The applicant shall remain present as and when required by the arresting officer/investigating officer/S.H.O. concerned for investigation/interrogation. The applicant shall not leave India without prior permission of the Court. In case of breach of any condition, it shall be open to the investigating agency to move an appropriate application for vacation of this protection. Order Date :- 21.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench