HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2003 of 2024 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 352/2018, under Sections 452/376/504/506/323 I.P.C., P.S. Dalmau, District Raebareli. This Court vide order dated 3.9.2024 has passed the following order:- "The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 352/2018, under Sections 452/376/504/506/323 I.P.C., P.S. Dalmau, District Raebareli. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that due to the dispute between the land lord and the tenant, the present FIR came to be lodged. The applicant is landlord and the victim is his tenant. The victim is a resident of Bihar. Both the parties have made complaint against each other in respect of the property. Ultimately an application under Section 156(3) Cr.P.C. was filed by the victim and consequently FIR came to be lodged. The applicant has been falsely implicated. Except the statement of the victim under Section 161 and 164 Cr.P.C. There is no corroborative evidence against the against the applicant in the prosecution case. From perusal of the record, it is evident that the applicant was granted anticipatory bail by the coordinate Bench of this Court vide order dated 10.01.2020 passed in Bail Versus Counsel for Applicant(s) : Satyanshu Singh Counsel for Opposite Party(s) : G.A., Praveen Kumar Pandey, Sachin Verma Suresh Kumar Dwivedi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Application No. 11801 of 2019 "Suresh Kumar Dwivedi Vs. State of U.P. and another". The order was confined till filing of police report. After filing of police report, this anticipatory bail application has been filed. Learned counsel for the applicant submits that charge sheet has been filed in this case. He undertakes that the applicant shall cooperate in the trial. Issue notice to respondent No. 2. Steps be taken within a week. Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit. List on 25.09.2024. On due consideration to the delay in lodging the FIR which was lodged by filing an application under Section 156(3) Cr.P.C. as well as considering the fact that there is lack of corroborative evidence; the applicant has no criminal antecedent 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 court concerned with the following conditions:- (1) The applicant shall cooperate in the trial and he will not influence the witnesses. (2) The accused-applicant will remain present on each and every date fixed by the trial court. (3) The applicant shall not leave India without previous permission of the Court." Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties in terms of the aforesaid order. He has duly cooperated in the investigation. Charge-sheet in the case has already been filed. He has not misused the liberty of interim anticipatory bail granted by this Court. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the ABAIL No. 2003 of 2024 2 nature of accusation so also the fact that charge-sheet in the case has already been filed, the applicant has not misused the liberty of anticipatory bail granted by this Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim protection granted by this Court vide order dated 3.9.2024 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. August 28, 2025 Shravan ABAIL No. 2003 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench