Neutral Citation No. - 2025:AHC-LKO:14645 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2497 of 2024 Applicant :- Krishna Kishor Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. Counsel for Applicant :- Arun Kumar Tewari,Prakhar Misra Counsel for Opposite Party :- G.A.,Pankaj Kumar Tiwari Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 438 Cr.PC. has been filed seeking anticipatory bail in Case Crime No. 190 of 2022, under Section 420, 467, 468, 471, 506 IPC, P.S.-Khargupur, District- Gonda. From perusal of the order sheet, it appears that on 08.11.2024 following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard. Vakalatnama filed by Sri Pankaj Kumar Tiwari, Advocate, on behalf of informant is taken on record. Present bail application has been filed by the applicant seeking anticipatory bail in Case Crime No. 190 of 2022, under Section 420, 467, 468, 471, 506 IPC, P.S.-Khargupur, District-Gonda. Considering the facts, as indicated, including that the applicant is the bonafide purchaser of the land in issue from the recorded tenure holder namely Ram Nohar, whose name was entered in the revenue record on the basis of Will dated 28.02.2004 executed by Ishwar Deen, this Court, prima facie, is of the view that applicant is entitled to interim protection. Taking note of the aforesaid, as an interim measure, it is provided that in the event of arrest, the accused-applicant-Krishna Kishor be released forthwith in the aforesaid case crime (supra) on anticipatory bail on furnishing a personal of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station concerned with the following conditions:- (i) That the accused-appellant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-appellant 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; and (iii) That the accused-appellant shall not leave India without the previous permission of the Court. Sri Pankaj Kumar Tiwari, Advocate, who appeared for informant prays for and is granted two week's time to file counter affidavit. One week time would be available to learned counsel for the applicant to file rejoinder affidavit. List after expiry of aforesaid period within top 30 cases showing the name of Sri Pankaj Kumar Tiwari as counsel for the informant. In the meantime, learned AGA may also file counter affidavit." State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings 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, Krishna Kishor 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/ her 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 order. Order Date :- 10.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench