HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 821 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Sudhir Kumar Misra, learned counsel for the applicant and Shri Jayant Singh Tomar, learned A.G.A.-I for the State. 2. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 28.07.2025: "The present anticipatory bail application has been filed seeking anticipatory bail in FIR/Case Crime No. Case Crime No.169/2022, Under Section-419, 420, 467, 468 & 471 IPC, Police Station-Dariyabad, Barabanki. Heard learned counsel the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that, on the pretext of arranging visas and tickets for Kuwait, the complainant and others paid money to the accused persons, through bank transfers and in cash. However, at the airport, the visas provided were found to be forged. Learned counsel for the applicant submits that the applicant has been falsely implicated and has no prior criminal antecedents. As per the report of the Cyber Cell, the amount in question was credited to the account of the co-accused, and not to the account of the applicant. Apart from the statements of the complainants and other individuals, there is no Versus Counsel for Applicant(s) : Zeba Haneef (Km.), Mohd. Khurshid Akhtar, Sudhir Kumar Misra Counsel for Opposite Party(s) : G.A. Abdul Parvez @ Naheem @ Naeem .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) material evidence connecting the applicant to the alleged offence. The applicant undertakes to fully cooperate with the investigation. Learned A.G.A. has opposed the submissions advanced on behalf of the applicant. Issue notice to respondent No. 2. Steps be taken within a week. Learned Addl. Government Advocate is allowed 15 days' time to file counter affidavit. List on 19.08.2025. On due consideration of the fact that the offences alleged are triable by a Magistrate; except the general allegations levelled in the statements recorded under Section 161 Cr.P.C., there is no prima facie documentary or scientific evidence connecting the applicant to the crime, coupled with the applicant?s undertaking to cooperate in the investigation, this Court, in light of the principles laid down in Sushila Aggarwal & Others v. State (NCT of Delhi) & Another, (2020) 5 SCC 1, finds it appropriate to grant interim anticipatory bail to the applicant. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on interim anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall report to the investigating officer within ten days from the date of receipt of certified copy of the order. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/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." 3. The State has filed a counter affidavit annexing therewith copies of the materials collected during the investigation and a copy of the charge sheet dated 30.01.2024. 4. The learned A.G.A.-I does not allege violation of any condition of interim anticipatory bail granted to the applicant. ABAIL No. 821 of 2025 2 5. Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant. 6. Accordingly, interim order dated 28.07.2025 is made absolute. The anticipatory bail application is allowed in terms of the aforesaid order. September 19, 2025 S. Shivhare ABAIL No. 821 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench