Neutral Citation No. - 2025:AHC-LKO:5492 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2159 of 2024 Applicant :- Radha Mohan @ Radha Mohan Shrivastva And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Manoj Kumar Singh,Prashant Tiwari Counsel for Opposite Party :- G.A.,Anshuman Singh,Karan Srivastava,Pradeep Kumar Hon'ble Shree Prakash Singh,J. Heard Shri Hari Om Dwivedi, Advocate holding brief of Shri Manoj Kumar Singh, learned counsel for the applicant as well as learned AGA for the State and perused the record. Instant application has been filed with the prayer to enlarge the applicant- Chandra Shekhar @ Chandra Shekhar Mishra on anticipatory bail in Complaint Case No. 8607 of 2023, under Sections 419, 420, 467, 468, 471, 504 and 506 I.P.C., Police Station Paraspur, District Gonda. Vide order dated 20.09.2024, notice was issued to the complainant/opposite party no.2 and as per the office report, the same has been served personally but no one is present for the complainant/opposite party no.2. From perusal of the order sheet, it appears that on 20.09.2024, following order was passed wherein the applicant has been granted interim anticipatory bail:- "Learned counsel for the applicants submits that he may be permitted to withdraw the bail application for applicant no. 1 with liberty to file a fresh bail application. Accordingly, the anticipatory bail application in relation to applicant no. 1 is dismissed as withdrawn with liberty as prayed for. Heard learned counsel for the applicant no. 2 as well as learned AGA for the State. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in Complaint Case No. 8607/2023, under Sections 419/420/467/468/471/504/506 I.P.C., P.S. Paraspur, District Gonda. So far as applicant no. 2 is concerned, learned counsel for the applicants submits that as per the prosecution case the complainant's land has been transferred fraudulently by accused Suneel in favour of Sheela Devi in which applicant no. 2 is a witness. Learned counsel for the applicants submits that applicant no. 2 is only marginal witness in the sale deed. There is no allegation of forgery against him. He was not aware about the title of the property. Offences are triable by magistrate. Learned counsel for the applicants undertakes that applicant no. 2 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 17.10.2024. On due consideration to the fact that this is a complaint case; role assigned to applicant no. 2 is of marginal witness only; applicant no. 2 is not a previous convict and having no criminal history 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 applicant no. 2 under Section 438 Cr.P.C. In view of the above, applicant no. 2 Chandra Shekhar @ Chandra Shekhar Mishra is directed to surrender before trial court within twenty days from today. Applicant no. 2 shall be released on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions. (i) Applicant no. 2 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 tamper with the evidence; (ii) Applicant no. 2 shall not leave India without the previous permission of the court; (iii)Applicant no. 2 shall not pressurize/ intimidate the prosecution witness; (iv) Applicant no. 2 shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; It is made clear that the observations made in granting bail to applicant no. 2 shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses." From perusal of the order dated 20.09.2024, 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 applicants were enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant no.2- Chandra Shekhar @ Chandra Shekhar Mishra till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer 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 officer 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 :- 27.1.2025/Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench