Neutral Citation No. - 2025:AHC-LKO:13211 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2601 of 2024 Applicant :- Triyugi Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Secy. Home Lko Counsel for Applicant :- Pradeep Kumar Shukla Counsel for Opposite Party :- G.A.,Deo Prakash Srivastava Hon'ble Shree Prakash Singh,J. Case called out in the revised list. None is present for the complainant. Under the aforesaid circumstances, this Court is proceeding in the matter. Heard counsel for the applicant, 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. 92 of 2012, under sections 419, 420, 467, 468, 471 and 506 of IPC Police Station- Tarabganj District- Gonda. 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 09.12.2024. The order dated 09.12.2024 is quoted hereinunder :- "Heard learned counsel for the applicant, learned 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. 92 of 2012, under sections 419, 420, 467, 468, 471, 506 of the IPC, Police Station-Tarabganj, District-Gonda. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the applicant is 70 years of age and he is a marginal witness, though, the sale deed was never executed after it was prepared. He next added that the applicant is in no way beneficiary of the prepared sale deed. He submits that the applicant is ready to cooperate in the trial proceedings and would never abscond from the trial. He next submits that the chargesheet has been filed and as such, there is no possibility that the applicant will abscond from the investigation proceedings and he has no previous criminal antecedent. He added that the applicant is a law abiding citizen and there is an apprehension that the police will arrest the present applicant and as such, he 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 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 applicant-Triyugi Dubey, shall be released forthwith, in case of his arrest, in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing a 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 in the Third Week of January,2025. In the meantime, learned counsel for the State shall file the Counter Affidavit." This court while considering the aforesaid aspects of the matter, had granted interim bail to the applicant on 09.12.2024 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, Triyugi Dubey 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 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 :- 4.3.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench