Neutral Citation No. - 2025:AHC-LKO:14705 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2157 of 2024 Applicant :- Ram Surat Sharma @ Ram Suraj Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. U.P. Lko. And Another Counsel for Applicant :- Verender Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. As per office report, notice was issued that has been served upon the complainant, but none is present on behalf of the complainant. Heard learned counsel for the applicant and learned Counsel for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in case crime/F.I.R No.175/2024, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S. Dhaneypur, District Gonda. From perusal of the order sheet, it appears that on 19.09.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- " Heard learned counsel the applicant and learned A.G.A. for the State. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No.175/2024, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., P.S. Dhaneypur, District Gonda. In the prosecution case, it is alleged that co-accused Bindeshwari has sold the land to the present applicant which he had already sold in favour of the complainant on 25.05.2019. The allegation of forgery is also on the accused persons. Learned counsel for the applicant submits that applicant is a bona fide purchaser. The co-accused Bindeshwari has filed a suit for cancellation of sale deed which is pending before Civil Judge, Senior Division, Gonda, the memo of suit is on record. He submits that applicant has no criminal history. It is purely civil dispute which has been given criminal colour. The investigation is going on. Applicant undertakes to cooperate in the investigation. Issue notice to respondent No. 2. Learned A.G.A. has opposed the bail application. He prays for and is granted two weeks' time to file counter affidavit. List on 17.10.2024. Considering the above aspect of the matter, perusal of the record as well as the fact that applicant is a purchaser and has no criminal antecedent and has undertaken to cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, 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 arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and shall report to the Investigating Officer within fifteen days from today and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. " From perusal of the order dated 19.09.2024, it transpires that learned State Counsel was directed to file counter affidavit but the same has not been filed as yet. Learned State Counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was 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 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, Ram Surat Sharma @ Ram Suraj Sharma 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 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench