Neutral Citation No. - 2025:AHC-LKO:48735 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 901 of 2025 Applicant :- Ashiq Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. Counsel for Applicant :- Surya Prakash,Arsh Bugga Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Surya Prakash, the learned counsel appearing on behalf of the applicant as well as Sri Avishesh Kumar Singh, the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.757 of 2013 under Sections 411, 414 I.P.C. r/w Section 41 Cr.P.C. registered at Police Station- Nighasan, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.11.2013 against five persons, including the applicant, stating that the police intercepted five persons on the basis of an information received from a Mukhbir. Two persons were arrested and three persons escaped. 4. Five antique idols were recovered from the arrested persons and in their custodial statements, they named the persons who had allegedly escaped, including the applicant. 5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is a 65 years old innocent person having no criminal history and he has been falsely been implicated in the present case. 6. Regarding delay in filing the application, it has been stated that no summons or warrant in the case were served upon the applicant and immediately upon coming to know about the case, he has filed the anticipatory bail application. 7. The learned A.G.A. has vehemently opposed the bail application and he has submitted that allegations have been established during investigation and a charge-sheet has been submitted on 20.01.2014. He has further stated that the two co- accused persons, who had been arrested, have been granted regular bail. 8. Having considered the aforesaid facts and circumstances of the case keeping in view the fact that the applicant has been implicated on the basis of custodial statement of co-accused persons; that the applicant is a 65 years old person having no criminal history and he undertaken to co-operate with the investigation, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 9. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself 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. . (Subhash Vidyarthi, J.) Order Date :- 20.8.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench