Neutral Citation No. - 2025:AHC-LKO:11989 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2346 of 2024 Applicant :- Devendra Kumar Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Upendra Kumar Verma,Anoop Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 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 accused-applicant on anticipatory bail in F.I.R./Case Crime No.0216 of 2022, under sections 409, 467, 468, 471 of I.P.C., Police Station Kotwali Nagar, District Sitapur. From perusal of the order sheet, it appears that on 17.10.2024, the following order was passed:- "Heard learned counsel for the applicant and learned A.G.A. for the State. The applicant is seeking anticipatory bail under Section 438 of Code of Criminal Procedure in connection with F.I.R. dated 19.05.2022 lodged at F.I.R./Case Crime No.0216 of 2022, under sections 409, 467, 468, 471 of I.P.C., Police Station Kotwali Nagar, District Sitapur. Learned counsel for the applicant has submitted that applicant is innocent and he has falsely been implicated in the case. It has been alleged that some persons Manoj Kumar Singh and other, on the basis of forged documents procured appointment in the office of C.M.O. Sitapur, as class IV employee. At that time, the petitioner was Assistant Clerk in the concerning department. It has also been alleged that from his custody the record of the said appointment has been lost. Learned counsel for the applicant further submitted that the appointment pertains to year 1998. The department has taken action against the aforesaid erring employees i.e. Manoj Kumar Singh and others, which was challenged by them before this Court vide Writ- A No.16397 of 2021. The said writ petition has been allowed vide order 16.03.2022 and those persons are still doing their job in the department. The applicant is an honest man and he is going to be retired on 31st October, 2024. It is next submitted that there is an apprehension that police will arrest the applicant in connection with the above F.I.R., therefore, interim protection may be granted to the applicant. Applicant is ready to co-operate in the investigation/interrogation. He will not flee from justice. He is entitled to get the relief of anticipatory bail. Learned A.G.A. has opposed the prayer and submitted that he may be granted time to submit counter affidavit. Considering the submission of learned counsel for the applicant, overall facts and circumstances of the case, in anticipation of arrest, applicant is entitled for interim protection till the next date of listing. The applicant (Devendra Kumar Singh) involved in F.I.R./Case Crime No.0216 of 2022, under sections 409, 467, 468, 471 of I.P.C., Police Station Kotwali Nagar, District Sitapur, if arrested, after passing of this order, shall be released on interim bail, subject to the following conditions. (i). In the event of arrest, the applicant involved in the aforesaid case, be released on anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned. (ii). The applicant shall make himself available for investigation/search/recovery/interrogation by the police officer/Investigating Officer as and when required. (iii). 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; and (iv). The applicant shall not leave India without the previous permission of the Court and if he has any passport, he shall deposit the same with the trial court concerned. (v) In case charge sheet is submitted, applicant shall attend the court in accordance with conditions of the bond executed under the Cr.P.C. (vi) Applicant shall not commit any offence similar to the offence of which he is accused of or commission of which he is suspected. In default or misuse of any of the above conditions, the public prosecutor/counsel for the informant is at liberty to file appropriate application for cancellation of interim protection so granted. List this case after three weeks. In the meantime, learned A.G.A. may file counter affidavit. " From perusal of the order dated 17.10.2024, 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 thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Devendra Kumar Singh 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 interim protection. Order Date :- 27.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench