Neutral Citation No. - 2025:AHC-LKO:7424 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2659 of 2024 Applicant :- Rakesh Kumar Tripathi Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home And Another Counsel for Applicant :- Dileep Kumar Pathak 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. 455 of 2024, under sections 419, 420, 467, 468 & 471 of the IPC, Police Station - Kotwali Nagar, District - Gonda. 4. From perusal of the order sheet, it appears that on 03.12.2024, 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. 455 of 2024, under sections 419, 420, 467, 468 & 471 of the IPC, Police Station-Kotwali Nagar, District-Gonda. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He next added that the applicant is neither seller nor purchaser nor the marginal witness of the alleged sale deed. Adding his arguments, he submits that as per the narration in the F.I.R., the applicant is involved in the alleged offence,but, there is no ample evidence against him to show as to how he is the beneficiary, as no sale consideration amount has been incredited in the account of the applicant. He submits that the applicant has criminal antecedent of 26 cases and in most of the cases, he has been enlarged on bail. He also submits that since there is an acute apprehension that the police will arrest the present applicant and therefore, 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-Rakesh Kumar Tripathi, 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 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 the steps are taken, the office shall proceed accordingly. List/put up this matter in the Second Week of January,2025. In the meantime, learned counsel for the State as well as opposite party no. 2 shall file their counter affidavits. " 5. From perusal of the order dated 03.12.2024, 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. 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