Neutral Citation No. - 2025:AHC-LKO:11340 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2434 of 2024 Applicant :- Raj Karan Verma And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Prem Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned Counsel for the applicants, learned Counsel for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicants on anticipatory bail in Case Crime No. 0057 of 2021, under Sections 419, 420, 467, 468, 471 IPC, Police Station Poorakalandar, District Ayodhya. The notice has been issued to opposite party no. 2 and as per office report, the same has been served upon him personally but no one is present on behalf of the complainant/opposite party no. 2. From perusal of the order sheet, it appears that on 24.10.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicants, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case Crime No.0057 of 2021, under sections 419,420,467,468,471 of the IPC, Police Station-Poorakalandar, District-Ayodhya. Contention of learned counsel for the applicants is that the applicants are the marginal witnesses and it is not a case of impersonation. He added that at the later stage, the complainant and the purchaser, both, have entered into a compromise deed and now, there is no dispute in between the parties, whereas there is an apprehension that the police will arrest the applicants without there being no fault. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicants are not entitled for any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail. Accordingly, till the next date of listing, the present applicants-Raj Karan Verma and Vipat Verma @ Vipat Ram Verma, shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on their furnishing personal bonds and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicants shall make himself available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicants shall not tamper with the evidence during the trial; (v) that the applicants shall not pressurize/ intimidate the prosecution witness; (vi) that the applicants 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. Let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter in the week commencing 11.11.2024, as fresh. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits." From perusal of the order dated 24.10.2024, 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 applicants were 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 applicants are 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 applicants, namely, Raj Karan Verma and Vipat Verma @ Vipat Ram Verma till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants 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 :- 20.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench