Neutral Citation No. - 2025:AHC-LKO:10400 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2222 of 2024 Applicant :- Muti Ahmad Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Apoorv Dev,Ashutosh Chaubey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Rejoinder affidavit filed today by learned counsel for the applicant is taken on record. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Complaint Case No. 516 of 2024, under Section 409 IPC, Police Station Kotwali Nagar, District Barabanki. The notice has been issued to the complainant/opposite party no. 2 and as per office report, the same has been served personally but no one is present for the complainant/opposite party no. 2. From perusal of the order sheet, it appears that on 26.09.2024, 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/FIR No. 516/2024, under Sections 409 I.P.C., P.S. Kotwali Nagar, District Barabanki. In the prosecution case, it is alleged that the applicant who was Urdu Translator has not filed the written report as well as the first information report in the Court of Special Judge/The Prevention of Corruption Act, Court No. 5. Gorakhpur in reference to crime No. 796/2018. Learned counsel for the applicant submits that the applicant has no criminal antecedent. There is a delay of six years in lodging the FIR. The applicant was neither under obligation, nor he was entrusted to file any written report or FIR being the Urdu Translator. His job was only to translate the contents which are in urdu into hindi. He was posted in CO office till 2021 and he was retired in the year 2023. After his retirement, just to make him scapegoat, the applicant has been falsely implicated. Learned counsel for the applicant submits that the applicant is not a previous convict and he undertakes to cooperate in the investigation. Issue notice to respondent No. 2. Steps be taken within a week. Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit. List on 23.10.2024. On due consideration to the delay in lodging the FIR as well as considering the fact that he was posted as Urdu Translator; he has nothing to do with the allegation levelled in the FIR; the applicant is not a previous convict and having no criminal history 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 arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation 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 26.09.2024, it transpires that 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 proceeding 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, Muti Ahmad 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 protection. Order Date :- 17.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench