Neutral Citation No. - 2025:AHC-LKO:4499 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2743 of 2024 Applicant :- Khooblal Opposite Party :- State Of U.P. Thru. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Vinay Kumar,Shrikant Tripathi,Touqeer Ahmad Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant and learned Counsel for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Complaint Case No. 5302 of 2016, under Sections 147, 323, 504, 506, 436, 427 IPC, Police Station Dhaurahra, District Kheri. The notice has been issued to the complainant/opposite party no. 2 and as per office report, the same has been served personally but no one is present for the complainant/opposite party no. 2. From perusal of the order sheet, it appears that on 18.12.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "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 Complaint Case No. 5302 of 2016, under Sections 147, 323, 504, 506, 436, 427 of IPC, Police Station -Dhaurahra District- Kheri. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter on the basis of the false and concocted story. He submits that issuance of summons was not in his knowledge and when he was intimated that some criminal proceedings is pending against him and he is ready to cooperate with the criminal proceedings. He added that he is 48 years old persons and there is no ample evidence against the applicant that he was involved in committing offence. He added that the applicant undertakes that he will cooperate with the investigation proceedings as well as in the trial proceedings and would never abscond from the same. He next added that there is acute apprehension that police will arrest him thus, submission is that the the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Khooblal, 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 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 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. List/put up this matter in the Fourth Week of January,2025. Issue notice to the opposite party no. 2 returnable at an early date. In the meantime, learned counsel for the State as well as opposite party no. 2 may file their counter affidavits." From perusal of the order dated 18.12.2024, it transpires that the learned State Counsel and learned counsel for opposite party no. 2 were directed to file counter affidavit but no counter affidavit has been filed as yet. Learned 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 thoroughly 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 proceeding 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 applicant, namely, Khooblal 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 :- 22.1.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench