Neutral Citation No. - 2025:AHC-LKO:48412 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2744 of 2024 Applicant :- Mukesh Jaiswal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- O.P. Tiwari,Jainendra Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Shri Jainendra Singh, learned counsel for the applicant and Shri Jayant Singh Tomar, learned A.G.A.-I for the State. 2. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 05.05.2025: "1. Heard learned counsel for applicant and learned A.G.A. for State- opposite party. 2. Issue notice to opposite party No.2. 3. First anticipatory bail application has been filed with regard to FIR No. 0367 of 2024 under Sections 419, 420, 467, 468, 471 & 506 IPC, P.S. Mandion, District Lucknow North (Commissionerate Lucknow). 4. As per contents of F.I.R., the applicant alongwith co-accused are said to have been instrumental in selling off the property of informant without his authorization by means of sale deed dated 12.02.2024. 5. It is submitted that applicant has been falsely implicated in charges levelled against him and that he is only a marginal witness of the aforesaid sale deed. It is submitted that applicant is neither the vendor, vendee nor even a beneficiary of the aforesaid transaction. It is submitted that he is ready and willing to co-operate in the investigation since charge-sheet has not yet been filed. It is also submitted that co-accused Jaid Kumar has already been granted anticipatory bail by this Court in Application No. 2825 of 2024. 6. Learned A.G.A. has opposed bail application with submission that charge-sheet could not be filed since applicant is not presenting himself for purposes of recording statement. It is, however, admitted that applicant does not have any previous criminal history and is the marginal witness of the sale deed. 7. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that applicant is only indicated as a witness in the sale deed. Co-accused Jaid Khan who was also marginal witness has already been granted anticipatory bail. 8. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail. 9. Let the accused-applicant Mukesh Jaiswal as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. 10. In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:- (i) That the accused-applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. (ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. 11. Applicant shall produce himself before Investigating Officer concerned on 12.05.2025 at 02:00 PM. 12. List this case on 19.05.2025 along with service report. 13. Objections may be filed in the meantime. 14. Learned AGA shall obtain specific instructions as to whether applicant has co-operated during investigation after passing of this order." 3. The aforesaid interim order was passed after the State has already filed the counter affidavit on 27.03.2025. 4. The supplementary counter affidavit has been filed by the State annexing therewith a copy of the charge sheet dated 04.06.2025. 5. The learned A.G.A. does not allege misuse of any condition of interim anticipatory bail granted to the applicant. 6. Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant. 7. Accordingly, the anticipatory bail application is allowed. The interim order dated 05.05.2025 is made absolute in terms of the aforesaid order. Order Date :- 18.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench