Neutral Citation No. - 2025:AHC-LKO:17969 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2809 of 2024 Applicant :- Abhishek Yadav Alias Bachha Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Rajnish Ojha Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned A.G.A. for opposite party. 2. Earlier on 20th December, 2024 following order had been 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.396 of 2019, under Sections 419, 420, 467, 468, 471, 34 I.p.C. & 66 I.T. Act, Police Station Jethwara District Pratapgarh. Learned counsel for the applicant submits that the matter pertains to 2019 and the applicant is co-operating in the investigation proceedings and rest of the accused have already been enlarged on regular bail by the trial court on regular bail application. He further submits that there is no complaint with respect to non-co-operation of the applicant with the investigation proceedings or with respect to tampering of evidence, and there is a case criminal history of the applicant which has been explained in para 20 of the instant application. He further added that the applicant is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. On the other hand, learned counsel for the State submits that he has no instructions, as such, he will seek instructions in the matter within one week. List/put up this matter on 2nd of January 2025 within top ten cases. It is provided that the applicant shall not be arrested by the police till the next date of listing." 3. Learned A.G.A. on the basis of instructions received submits that now applicant is cooperating in investigation pertaining to the aforesaid case crime number. As indicated earlier, co- accused have already been enlarged on regular bail as indicated in the order dated 20th December, 2024. In view of the fact that criminal history has been explained and the applicant is co- operating in investigation, the earlier interim protection granted to applicant is made absolute. 4. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 5. In view of the above, it is provided that in the event of arrest, the applicant- Abhishek Yadav Alias Bachha Yadav shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. 6. The application stands allowed. Order Date :- 1.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench