Neutral Citation No. - 2025:AHC-LKO:10104 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2547 of 2024 Applicant :- Vinay Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home, Lko. And Another Counsel for Applicant :- Umesh Kumar Tiwari,Kunwar Ravi Prakash Counsel for Opposite Party :- G.A.,Kameshwar Nath Gupta,Yogendra Kumar Tiwari Hon'ble Shree Prakash Singh,J. Heard counsel for the applicant, counsel for the complainant, 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. 550 of 2023, under sections 409 and 420 of IPC Police Station- Vibhuti Khand District- Lucknow. 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 14.11.2024. The order dated 14.11.2024 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. 550 of 2023, under sections 409/420 of the IPC, Police Station- Vibuti Khand, District-Lucknow. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the dispute,if any, is of civil in nature and as per the allegation made in the first information report, some dispute with respect to money transaction, is shown, though, there is no such dispute. He submits that the applicant is always ready to cooperate with the investigation proceedings and he will never flee away from the trial proceedings or the investigation proceedings. He submits that the applicant has no previous criminal history, as stated in paragraph no. 8 of the anticipatory bail application. Further submitted that there is an acute apprehension that the police will arrest the present applicant and as such, submission is that 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-Vinay Kumar, 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 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 in case chargesheet is submitted the applicants 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. Let notice be issued to opposite party no. 2 returnable at an early date. Steps be taken within a week. If the steps are taken, the office shall proceed accordingly. List/put up this matter in the week commencing 09.12.2024. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits." This court while considering the aforesaid aspects of the matter, had granted interim bail to the applicant on 14.11.2024 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, Vinay Kumar 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 :- 17.2.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench