Neutral Citation No. - 2025:AHC-LKO:4632 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2263 of 2024 Applicant :- Ram Gopal Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko Counsel for Applicant :- Mukul Kumar Sharma,Mohit Sharma Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 450 of 2020, under Sections 409,471,120-B I.P.C., P.S.- Purakalandar, District- Faizabad/Ayodhya. From perusal of the order sheet, it appears that on 1.10.2024, 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 No.450/2020, under Sections 409, 471, 120-B I.P.C., P.S. Purakalandar, District Faizabad/Ayodhya. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that applicant has been enlarged on bail in Crime No.450/2020, under Sections 419, 420, 467, 468, 406, 506 IPC, the bail order is on record as Annexure No.2. He submits that thereafter, Sections 409, 471, 120-B I.P.C. has been added. He further submits that charge-sheet has been filed. The applicant has cooperated in the investigation. Applicant was not arrested during investigation. Applicant undertakes to cooperate in the trial. Learned A.G.A.has opposed the bail application however, does not dispute the aforesaid facts however, he submits that applicant has a criminal history of 33 cases. He prays for and is granted two weeks' time to file counter affidavit. Learned counsel for the applicant submits that he has explained the criminal history in para 5 of the supplementary affidavit. Applicant is on bail in all those cases. List on 17.10.2024. On due consideration to the argument advanced as well as perusal of the record and the fact that during investigation applicant was not arrested, charge-sheet has been filed, applicant undertakes to cooperate in the trial 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, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. in added sections. 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 fresh 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 shall surrender before the trial court within 15 days from today 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. It has also not been pleaded by counsel for the State that the present applicant is not cooperating with the trial proceedings. In view of the aforesaid, the present anticipatory bail application is hereby disposed of while extending anticipatory bail to the applicant namely, Ram Gopal Gupta, 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 :- 23.1.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench