Neutral Citation No. - 2025:AHC-LKO:11954 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2446 of 2024 Applicant :- Vijay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arun Kumar Shukla,Amit Kumar Mishra,Brijendra Kumar Singh Counsel for Opposite Party :- G.A.,Anupama Bhadauria Hon'ble Shree Prakash Singh,J. Rejoinder affidavit filed today by counsel for the applicant is taken on record. 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. 550 of 2023, under sections 409 and 420 of IPC Police Station- Vibhuti Khand District- Lucknow. 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 06.11.2024. The order dated 06.11.2024 is quoted hereinunder :- "Heard learned counsel for the applicant, Miss Anupama Bhadoria, counsel for the complainant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0271 of 2024, under sections 409, 420, 467, 468 and 471 of IPC P.S.- Gosaiganj District - Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the allegation in the first information report is against one Shivam Pandit and even in the statement of the complainant no allegation is made against the applicant. He added that there is nothing against the applicant and he is being harassed for his no fault. He further added that there is acute apprehension that police will arrest him and the applicant undertakes that he will remain present on each & every date fixed before the trial court and would cooperate with the trial proceedings thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, Miss Anupama Bhadoria, counsel appearing for the complainant has vehemently opposed the submissions aforesaid and submits that on either pretext the applicant is not appearing before the trial court. She added that the an application under section 482 of Cr.P.C. was filed wherein, the applicant has been given liberty to appear before the trial court, but he did not appear and he is directly coming to this Court. She also added that this application is not maintainable on this ground alone and he is absconding from the same. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Vijay Kumar 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 20.11.2024, within top 10 cases. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits." Counsel for the complainant has opposed the contentions aforesaid and submits that the applicant is not cooperating in the investigation proceedings and therefore, he is not entitled for anticipatory bail. This court while considering the aforesaid aspects of the matter, had granted interim bail to the applicant on 06.11.2024 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 allowed while granting bail to the applicant namely, Vijay Kumar till filing of the chargesheet 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 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 :- 27.2.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench