Neutral Citation No. - 2025:AHC-LKO:27033 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 219 of 2024 Applicant :- Birendra Kumar Awasthi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Pranjal Krishna,Suhaib Ashraf,Tanmay Krishna Srivastava Counsel for Opposite Party :- G.A.,Kushagra Dikshit,Neerav Chitravanshi Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State as well as Mr. Kushagra Dikshit, learned counsel for opposite party no.2 (Income Tax Department) and perused the record. Counter affidavit filed on behalf of opposite party no.2 is taken on record. 2. This first anticipatory bail application has been filed with regard to Case Crime No.286 of 2024, under Sections 420, 467, 468 & 471 IPC, Police Station Hazratganj, District Lucknow. 3. Earlier, vide order dated 18.04.2025, interim anticipatory bail had been granted to the applicant, which is as follows: "1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and Mr. Neerav Chitravanshi, learned counsel for opposite party no. 2. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 286 of 2024 under Sections 420, 467, 468 & 471 IPC, Police Station Hazratganj District Lucknow. 3. As per contents of First Information Report which has been alleged on the basis of complaint submitted by the Income Tax Department one Mr. P.K. Tripathi attended the Income Tax Office and produced a cheque allegedly given to him by applicant and allegedly executed by the Principal Commissioner of Income Tax one Lucknow dated 24.06.2024 which was found to be forged. 4. It is submitted that applicant has been falsely implicated in the charges levelled against him and that his involvement has been shown only on the basis of a statement made by said Mr. P.K. Awasthi who even otherwise is not submitting himself for the purposes of subsequent investigation as evident from document brought on record SCA-2 to the counter affidavit filed by the Magistrate. It is submitted that there is nothing on record to indicate complicity of applicant with the charges levelled against him. It is submitted that applicant does not have any previous criminal history and is co-operating in the investigation. 5. Learned AGA appearing on behalf of State opposed the anticipatory bail application but does not dispute the said fact 6. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Birendra Kumar Awasthi shall be released forthwith, in case of his arrest 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. 7. Learned counsel for opposite party no.2 seeks to file an objection pertaining to the investigation which was conducted by the Income Tax Department pertaining to forgery of the cheque. 8. Learned counsel for opposite party no.2 is, therefore, granted ten days' time to file objections. 9. List this case on 30.04.2025, as fresh." 4. It is submitted by learned counsel for opposite parties that investigation is yet ongoing in which applicant is cooperating. There does not appear to be any situational difference from the time when the interim anticipatory bail had been granted to applicant. 5. Considering the aforesaid, interim anticipatory bail granted earlier to applicant- Birendra Kumar Awasthi is made absolute till filing of police report u/s 173(2) Cr.P.C./193 BNSS with the following condition:- (i) That the accused-applicant shall make himself/herself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-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/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) That the accused-applicant shall not leave India without the previous permission of the Court. (iv) In case of default, it would be open for the investigating agency to move application for vacation of this order. 6. The application stands disposed of. Order Date :- 8.5.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench