Neutral Citation No. - 2025:AHC-LKO:11328 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2461 of 2024 Applicant :- Shubham Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- 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 applicant on anticipatory bail in Case Crime No. 359 of 2024, under Sections 419, 420, 182 IPC, Police Station Kotwali Nagar, District Gonda. Vide order dated 23.01.2025, the notice has been issued to opposite party no. 2 and as per office report, the same has been served upon opposite party no. 2 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 25.10.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 359 of 2024, under Section 419, 420, 182 IPC, Police Station Kotwali Nagar, District Gonda. 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 that the applicant is a student of Class L.L.B. IIIrd year and he lodged a complaint against the Government Officers. He submits that in fact under the misconception, the present applicant had shown himself to be an Advocate, though he is a student of LLB IIIrd year, though he has no criminal intent to commit any offence. The applicant has no previous criminal history and he has undertaken that he will cooperate in the trial proceedings. He added that the applicant has tremendous apprehension that the police will arrest him thus, submission is that the applicant may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is named in the FIR and he prays for ten days time to file counter affidavit. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Shubham Singh 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 11.11.2024, as fresh. In the meantime, learned counsel for the State shall file the counter affidavit." From perusal of the record, it transpires that learned State Government as well as learned counsel for opposite party no. 2 were granted time to file counter affidavit but no counter affidavit has been as yet. From perusal of order dated 25.10.2024, it is apparent that the 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 thoroughly considering the merits of the case. Chargesheet has been filed in the matter. The learned counsel for the State has also failed to submit any fact that the applicant is 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 applicant, namely, Shubham 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 protection. Order Date :- 20.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench