HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 959 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No.290 of 2022 under sections 419, 420, 467, 468, 471, 506, 120B I.P.C., P.S. Mishrikh, district Sitapur. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. Notice to respondent no. 2 is dispensed with in view of the proposed order. 4. Learned counsel for the applicant submits that the applicant is neither the seller, nor the purchaser, nor even a witness to the sale deed in question. It is further submitted that the applicant’s name has surfaced only on the basis of the statement of co-accused Vijay Pratap Yadav recorded under Section 161 Cr.P.C. The applicant has duly cooperated during investigation. The charge sheet has already been filed. During the course of investigation, the applicant’s liberty was protected by the Court, and he was granted anticipatory bail till the filing of the charge sheet vide order dated 11.01.2023 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 53 of 2023. It is urged that merely because the charge sheet has now been filed, the applicant ought not to be sent into custody. Versus Counsel for Applicant(s) : Sachin Kumar Pandey, Anshuman Mishra Counsel for Opposite Party(s) : G.A. Rana Pratap Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 5. Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. 6. Learned AGA has opposed the bail application. 7. Considering the facts that the applicant was not arrested during investigation, he was granted anticipatory bail till submission of charge sheet, and further it is not the case of the prosecution that the applicant misused the liberty so granted and in view of the judgment of the Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116 and coupled with the undertaking given on his behalf to cooperate in the trial, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail subject to his cooperation in the trial. 8. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 9. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. ABAIL No. 959 of 2025 2 10. In view of the aforesaid, the application is allowed. September 2, 2025 R.C. ABAIL No. 959 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench