Neutral Citation No. - 2025:AHC-LKO:6664 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2830 of 2024 Applicant :- Kismat Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko Counsel for Applicant :- Ram Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Counter affidavit filed today by the State is taken on record. 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. 0228 of 2021, under sections 420, 467, 468, 506, 120-B of IPC, Police Station-Ahirauli, District-Ambedkar Nagar. 4. From perusal of the order sheet, it appears that on 20.12.2024, 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. 0228 of 2021, under sections 420, 467, 468, 506, 120-B of the IPC, Police Station-Ahirauli, District-Ambedkar Nagar. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the applicant is a marginal witness and he has identified the bonafide purchaser. He next submits that infact, no sale consideration is incredited in the account of the applicant and he is nowhere beneficiary of the sale deed. He submits that the applicant has no previous criminal history and he is cooperating in the trial proceedings. He added that since the chargesheet has been filed, as such, there is no possibility that the applicant will tamper the evidences. Further submitted 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 there are serious allegations against the applicant and as such, he 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-Kismat Ali, 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. List/put up this matter in the week commencing 27-01-2025. In the meantime, learned counsel for the State shall file the Counter Affidavit. " 5. From perusal of the order dated 20.12.2024, 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, Kismat Ali 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 :- 30.1.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench