Neutral Citation No. - 2025:AHC-LKO:14547 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2139 of 2024 Applicant :- Mahesh Shukla Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And Another Counsel for Applicant :- Ajay Shukla,Vaibhav Pratap Shahi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Vide order dated 19.9.2024, the notice was issued to the opposite party no. 2 and as per office report, the same has been served upon the opposite party no. 2, but no one has put in appearance. Under the aforesaid circumstances, this Court is proceeding in this matter. Rejoinder affidavit filed today by the counsel for the applicant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime No. 438/2022, under Sections 419/420/504/506 I.P.C., P.S. Mahmudabad, District Sitapur. From perusal of the order sheet, it appears that on 19.9.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- “The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 438/2022, under Sections 419/420/504/506 I.P.C., P.S. Mahmudabad, District Sitapur. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that charge sheet in the matter has been filed. During investigation, the applicant was not arrested. Offences are triable by magistrate. No useful purpose will be served by sending the applicant behind the bars. He has explained his criminal history in para 8 of the bail application. It has been further submitted that co-accused Neel Kamal who was assigned similar role has been granted interim protection by this Court vide order dated 09.09.2024. Learned counsel for the applicant 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 17.10.2024. On due considering to the fact that during investigation, the applicant was not arrested; offences are triable by magistrate; co-accused Neel Kamal has been granted interim protection as well as considering the judgment of the Supreme Court passed in "Mahdoom Bava v. CBI, 2023 SCC OnLine SC 299"; the applicant is not a previous convict 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.” State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough 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 proceedings 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, namely, Mahesh Shukla 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 order. Order Date :- 10.3.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench