Neutral Citation No. - 2025:AHC-LKO:10633 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2407 of 2024 Applicant :- Jagesh Mishra @ Jagesh Chandra Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Sachin Srivastava,Sheo Mani Tripathi Counsel for Opposite Party :- G.A.,Abhisar Dev Hon'ble Shree Prakash Singh,J. Heard counsel for the applicant, counsel for the complainant, learned AGA for the State and perused the record. The instant application under section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No. 0322 of 2024, under sections 419, 420, 467, 468 and 471 of IPC Police Station- Kharabad District- Sitapur. Contention of the learned counsel for the applicant is that after thoroughly considering the factual matrix of the case, the interim bail was granted by this court to the applicant vide order dated 23.10.2024. The order dated 23.10.2024 is quoted hereinunder :- "Sri Abhisari Dev, advocate, has put in appearance by way of filing vakalatnama on behalf of complainant and the same is taken on record. Office is directed to print the name of Sri Abhisari Dev, as counsel for the complainant, in the next cause list. Heard learned counsel for the applicant, learned counsel for the complainant and 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. 0322 of 2024, under Sections 419, 420, 467, 468 and 471 of IPC Police Station Kharabad District- Sitapur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter. He submits that a registered sale deed in question was got registered forcibly, as the applicant had earlier instituted an application under section 156(3) of Cr.P.C., which is still pending consideration. He added that in fact, the informant is the partner in one of the main plant of the applicant and there was some dispute in between the parties and therefore, the informant has concocted the story and instituted the first information report against the present applicant. He added that the applicant is a businessman and he has no concern with any offence as is alleged in the FIR. He submits that the applicant has no criminal history and is a law-abiding citizen. He also added that there is apprehension that police will arrest him thus, submission is that the applicant may be granted anticipatory bail. On the other hand, learned counsel appearing for the complainant has opposed the submissions aforesaid and submits that there is documentary evidence against the applicant so as to commit offence. Learned counsel appearing for the State has supported the version of counsel for the complainant. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Jagesh Mishra @ Jagesh Chandra Mishra 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 08.11.2024. In the meantime, opposite parties may file their counter affidavits." This court while considering the aforesaid aspects of the matter, had granted interim bail to the applicant on 23.10.2024 and now, after filing of the Counter Affidavit, no adverse material has been placed by the state against the applicant. Considering the aforesaid aspect of the matter, the instant regular anticipatory bail is hereby disposed of while granting bail to the applicant namely, Jagesh Mishra @ Jagesh Chandra Mishra till filling of the chargesheet 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 them 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 :- 18.2.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench