Neutral Citation No. - 2025:AHC-LKO:42590 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2459 of 2024 Applicant :- Raghavram And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Udai Bhan Pandey Counsel for Opposite Party :- G.A.,Dinesh Kumar Shukla Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicants under Section 438 Cr.P.C. apprehending their arrest in Case Crime No.199 of 2017, under Sections 419, 420, 467, 468, 471 I.P.C., P.S. Motiganj, District Gonda. Heard learned counsel for the applicants, learned counsel for the complainant as well as learned A.G.A. for the State- respondent. The Co-ordinate Bench of this Court vide order dated 13.12.2024 has granted interim anticipatory bail to the applicants, the order is extracted below:- "Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case Crime No. 199 of 2017, under sections 419, 420, 467, 468 and 471 of IPC P.S.- Motiganj District -Gonda. The contention of learned counsel for the applicants is that the applicant are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that the applicants are marginal witnesses and they are no way beneficiary of the sale consideration. He next added that the final report was filed by the Investigating Officer and thereafter, matter proceeded for further investigation. He added that there is no cogent piece of evidence against the applicants and they are not involved in committing any offence. He added that they have always cooperated in the investigation proceedings and they undertake that they would never abscond from the same. He submits that the applicants have no previous criminal history as is mentioned in paragraph no. 32 of the affidavit filed in support of the bail application. He also submits that there is apprehension that the applicants will be arrested by the police thus, submission is that the the applicants may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that the applicants are involved in committed offence, as such, they are not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicants- Raghavram and Baboolal shall be released forthwith, in case of their arrest in the aforesaid case crime (supra) on an interim anticipatory bail on their 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 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 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. 4, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in third week of January, 2025. In the meantime, the State as well as opposite party no. 4 may file their counter affidavits. " Learned A.G.A. submits that charge-sheet in the case has been filed. It could not be disputed by the State that applicant has not cooperated in the investigation. Learned counsel for the applicant submits that he undertakes that applicant will cooperate in the trial. The offences are triable by magistrate. On due consideration to the submissions advanced, perusal of the record so also the fact that the charge-sheet in the case has been filed, applicant has not misused the liberty granted by the court, he has cooperated in the investigation and he shall cooperate in the trial, offences are triable by magistrate, the interim protection granted by this Court vide order dated 13.12.2024 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. It is made clear that the observations made in granting bail to the applicants-Raghavram and Baboolal shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 24.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench