Neutral Citation No. - 2025:AHC-LKO:12408 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2791 of 2024 Applicant :- Krishna Kumar Yadav @ K.K. Yadav @ Tinku Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Prince Singh,Dinesh Chandra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Counter affidavit filed today by the State is taken on record. From perusal of the order sheet, it transpires that the notice has been served to complainant/ informant/ opposite party no.2 but no one is present for the opposite party no.2. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Case Crime No.0200 of 2021, under Sections 420, 406 I.P.C., Police Station Ganga Ghat, District Unnao. From perusal of the order sheet, it appears that on 19.12.2024, the following order was passed:- "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.0200 of 2021, under Sections 420, 406 I.P.C., Police Station Ganga Ghat, District Unnao. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the present case. He submits that allegation against the applicant is that he has allegedly taken Rs.25,000/- for the purpose of getting allotted the Government colony/house and he has misappropriated the aforesaid amount by committing cheat and fraud but there is no cogent piece of evidence so as to connect the present applicant with the instant matter. He submits that the charge sheet has been filed and the applicant has never absconded from the investigation proceedings. He further submits that the applicant is undertaking that he will co-operate with the investigating proceedings and he will remain present before the Investigating Officer as and when required. He further submits that the applicant has no previous criminal history and he is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that he has committed cheat and fraud, as such, he is not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of anticipatory bail. Till the next date of listing, the present applicant Krishna Kumar Yadav @ K.K. Yadav 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 charge sheet 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. Issue notice to the opposite parties returnable at an early date. Steps be taken within one week. List/put up this matter in the fourth week of January 2025. In the meantime, learned counsel for the opposite parties shall file the counter affidavit. " From perusal of the order dated 19.12.2024, 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. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Krishna Kumar Yadav @ K.K. Yadav @ Tinku Yadav 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. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 28.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench