Neutral Citation No. - 2025:AHC-LKO:14099 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2505 of 2024 Applicant :- Pradeep Gupta Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Manish Vaish Counsel for Opposite Party :- G.A.,Suchindra Yadav 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. 0176 of 2023, under Sections 406, 467, 468, 471, 420, 506 I.P.C., Police Station- Babu Banarasi Das (B.B.D.), District- Lucknow. From perusal of the order sheet, it appears that on 11.11.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- "1. Heard Shri Manish Vaish, learned counsel for the applicant, Shri Nirmal Pandey, learned A.G.A. for the State/opposite party No.1 2. Issue notice to opposite party No.2 returnable at an early date. Steps to be taken within a week. Office to proceed accordingly. 3. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime No.0176 of 2023, under Sections 406, 467, 468, 471, 420, 506 I.P.C., at Police Station - Babu Banarasi Das (B.B.D.), District - Lucknow. 4. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged in the F.I.R. Attention of the Court has been drawn towards Annexure No.5, which is an F.I.R. lodged as Case Crime No.0035/2023, Under Sections 406, 420 I.P.C., at Police Station - Ghazipur, District - Lucknow, which has been lodged by present applicant against one Ashutosh Singh. The incident which has been indicted in the F.I.R. lodged by the applicant is the same, wherein the present applicant has been implicated. The accused of F.I.R. lodged by the applicant Ashutosh Singh got bail by this Court vide order dated 05.03.2024, passed in Criminal Misc. Bail Application No.14639 of 2023. Learned counsel for the applicant has submitted that as a matter of fact the accused Ashutosh Singh has cheated the present applicant and the victim of that cheating is not only the present applicant but informant of the present case who lodged the F.I.R. against the present applicant. Shri Manish Vaish has stated that two F.I.Rs should not be lodged for the same incident. Learned counsel for the applicant undertakes on behalf of the applicant that the applicant, if granted, shall not misuse the liberty of anticipatory bail, and shall abide by all terms and conditions of the bail order. He shall cooperate with the trial proceedings. 5. The matter requires consideration. 6. Let counter affidavit be filed within two weeks. One week time thereafter is granted to the applicant for filing rejoinder affidavit. 7. List this case in week commencing 2nd December, 2024, within top ten cases. 8. Till the next date of listing, it is directed that in the event of arrest, applicant (Pradeep Gupta) shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties in the like amount to the satisfaction of the arresting authority/court concerned with the following conditions :- (i). the applicant shall make himself available for interrogation as and when required; (ii) 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; and (iii). the applicant shall not leave India without the previous permission of the court." 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 accused/ applicant, namely, Pradeep Gupta 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 :- 6.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench