Neutral Citation No. - 2025:AHC-LKO:5682 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 259 of 2024 Applicant :- Suresh Kumar Agarwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Prashant Kumar,Sarvesh Kumar Tiwari,Satish Gulati Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant as well as learned A.G.A. State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant- Suresh Kumar Agarwal on anticipatory bail in F.I.R./Case Crime No. 0616 of 2024, under Sections 419, 420, 467, 468 and 471 I.P.C., Police Station Kotwali City, District Hardoi. From perusal of the order sheet, it appears that on 20.12.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0616 of 2024, under sections 419, 420, 467, 468 and 471 of IPC P.S.- Kotwali City District - Hardoi. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that in fact the narration in the first information report is evident that the allegation is against the son of the applicant as he alleged to have submitted a forged document in the office of Excise Department. He added that no specific allegation is against the present applicant and even the State has still failed to specify the role of the applicant in committing offence. He next added that the applicant is a license holder of country-made liquor and there is no evidence against him so as to connect him with the offence as is alleged in the first information report. He next submits that the applicant has no criminal history as is mentioned in the affidavit filed in support of the anticipatory bail application. He submits that there is acute apprehension that the applicant will be arrested by the police for him no fault 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 and submits that the applicant is involved in committed offence, as such, she is not entitled to be released on anticipatory bail, but he has failed to reply the query of this Court, wherein, it was asked the specific role of the present applicant in committing offence. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant-Suresh Kumar Agarwal shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on him 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 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 fourth week of January, 2025. In the meantime, the State may file counter affidavit." From perusal of the order dated 20.12.2024, it transpires that learned State Counsel was directed to file counter affidavit but the same has not 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, Suresh Kumar Agarwal 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 :- 27.1.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench