Neutral Citation No. - 2025:AHC-LKO:4222 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1832 of 2024 Applicant :- Sateesh Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Civil Sectt. Lko And Another Counsel for Applicant :- Satendra Kumar (Singh),Abhishek Misra Counsel for Opposite Party :- G.A.,Rajendra Kumar Yadav Hon'ble Shree Prakash Singh,J. The matter was listed on 21-01-2025 and the following order was passed :- "Case 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." Today, when the case was called out, no one is present for the complainant. In view of the aforesaid circumstances, the court is proceeding in the matter 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. 541 of 2023, under sections 409/420/120-B of the I.P.C., Police Station-Vibhuti Khand,District-Lucknow. From perusal of the order sheet, it appears that on 13.08.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel the applicant and learned A.G.A. for the State. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No. 541/2023, under Sections 409/420/120-B IPC, P.S. Vibhuti Khand, District Lucknow. In the prosecution case, it is alleged that the complainant and others have invested in the Involve Infrabuild Private Limited company for purchase of land on the promise and assurance given by Dipali Mishra, Sharad Tiwari, Surya Prakash Dubey and Yogendra Singh. It is alleged that when they requested the accused persons for execution of sale deed, they have been asked to talk with the present applicant and Anil Singh. It is also alleged that upon being confronted with the aforesaid two persons, they were asked to pay a sum of Rs. 700/- per square feet of land only then, the sale deed will be executed. Learned counsel for the applicant submits that no money has been handed over to the present applicant. The applicant has been appointed as a director of the company on 13.07.2023 and the agreement dated 04.07.2023 has been entered between the applicant and Surya Prakash Dubey who is responsible for the assurance given in agreement dated 04.07.2023. The complainant has not disclosed any time or date of the alleged incident while lodging FIR. The FIR has been lodged under Sections 406/420 IPC, however, during investigation, section 409 IPC has been added by the investigating ofÏcer. Learned counsel for the applicant submits that the applicant is not a previous convict; he has no criminal antecedents and he undertakes to cooperate in the investigation. Issue notice to respondent No. 2. Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter afÏdavit. List on 06.09.2024. On due consideration to the fact that the offences are triable by magistrate, so also the date of appointment of the applicant in the company; the applicant is not a previous convict and having no criminal antecedents and also considering 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, as an interim measure, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting ofÏcer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting ofÏcer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. " From perusal of the order dated 13.08.2024, 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 disposed of while extending anticipatory bail to the applicant, namely, Sateesh Singh, 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 :- 22.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench