HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2310 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. Nobody is present to press the application and no request for adjournment of the case has been made. 2. Shri Manish Kumar Pandey, the learned AGA is present. 3. On 16.10.2024, after hearing learned counsel for the applicant and learned A.G.A. for the State, this Court had passed the following order: "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 66 of 2021, under Sections 419, 420, 352, 504, 506 IPC, Police Station Aaspur Devsara, District Pratapgarh. Contention of learned counsel for the applicant is that the applicant had taken loan on Gata No. 299 which was wrongly recorded in the revenue record by the revenue authority. He submits that as soon as this fact came to the knowledge of the present applicant, he went to the original tenure-holder and has intimated that due to fault on the part of the revenue authority, he has taken loan on the land bearing Gata No. 299 in place of Gata No. 229 and thereafter he also repaid the loan amount to the bank concerned which is appended as Annexure No. 9, page 52 and 53 of the anticipatory bail application. He submits that in fact there is no criminal intent to commit any offence as alleged in the First Information Report and there is bonafide mistake on the part of the revenue authorities. He next added that there is no loss occurred to the informant or the original tenure-holder. He further submits that in fact there is no involvement of the present applicant and the revenue authority i.e. Lekhpal has already been granted anticipatory bail which is appended as Annexure no. 10. He further submits that the applicant is also Versus Counsel for Applicant(s) : Raj Kumar Singh, K.K. Singh Counsel for Opposite Party(s) : G.A. Akshay Anand Upadhyay .....Applicant(s) State Of U.P. Thru. Secy. Home Lko And Another .....Opposite Party(s) entitled for the benefit of anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid but could not dispute the fact that any loss has occurred to the original tenure holder or the informant. He further could not dispute the fact with respect to the bonafide of the present applicant. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of anticipatory bail. Till the next date of listing, the present applicant-Akshay Anand Upadhyay shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with 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 in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter on 07.11.2024. In the meantime, learned counsel for the State shall file the counter affidavit." 4. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of a charge-sheet dated 29.08.2022. 5. The learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim ABAIL No. 2310 of 2024 2 anticipatory bail to the applicant. 6. In view of above, the interim order dated 16.10.2024 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid interim order. September 23, 2025 -Amit K- ABAIL No. 2310 of 2024 3 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench