Neutral Citation No. - 2025:AHC-LKO:7423 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2563 of 2024 Applicant :- Rakesh Kumar Tripathi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Dileep Kumar Pathak,Prashant Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. From perusal of the order sheet, it transpires that the notice has been issued to complainant/ informant/ opposite party no.2 and as per the office report the same has also been served but no one is present for the opposite party no.2. Time was also granted to the opposite parties to file counter affidavit but no counter affidavit has been filed till today. 2. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. 3. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Case Crime No. 0011 of 2023, under Sections 419, 420, 467, 468 and 471 of IPC Police Station- S.I.T. District- Lucknow. 4. From perusal of the order sheet, it appears that on 19.11.2024, the following order was passed:- "Heard learned counsel for the applicant, V.K. Shahi, learned Additional Advocate General assisted by Sri Aniruddh Kumar Singh, learned A.G.A.- I 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. 0011 of 2023, under Sections 419, 420, 467, 468 and 471 of IPC Police Station- S.I.T. District- Lucknow. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter. She added that the applicant is an advocate and he is not named in the first information report and he was never involved in committing offence and there is no cogent piece of evidence against him. She further submit that applicant has 25 cases criminal history which has been satisfactorily explained. She next added that chargesheet has been filed in this matter so there is no any possibility of fleeing away of the applicant from the investigation proceedings. She also added that there is apprehension that police will arrest him thus, submission is that the applicant may be granted anticipatory bail. On the other hand, learned counsels for the State has opposed the submissions aforesaid and submits that the applicant is involved in committing offence as such, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Rakesh Kumar Tripathi 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. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in the week commencing 06.01.2025. In the meantime, the State as well as opposite party no. 2, may file their counter affidavits. " 5. From perusal of the order dated 19.11.2024, it transpires that 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 thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. 6. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Rakesh Kumar Tripathi 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. 7. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 4.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench