Neutral Citation No. - 2025:AHC-LKO:333 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2838 of 2024 Applicant :- Uday Prakash Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sardar Alok Singh,K.K. Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. 2. The instant application has been filed by applicant in Case Crime No. 0269 of 2022 U/s 419, 420 I.P.C., Police Station- Rampur Kalan, District- Sitapur with a prayer to enlarged him on bail. 3. Learned counsel for the applicant submits that applicant has been falsely implicated in the present case. He has further submitted that charge sheet has been filed by the Investigating Officer in the most mechanical manner. He has also submitted that the applicant was not taken into custody during the course of investigation. He relies on the decision of Hon'ble Apex Court in the case of Siddharth vs. State of U.P. and another reported in (2022) 1 SCC 676 and lastly submits that applicant is ready to cooperate in the trial, hence, he is entitled for anticipatory bail. 4. Learned A.G.A. vehemently opposes the prayer of applicant, but he does not dispute the fact that applicant was not taken into custody during the course of trial. 5. Considering the submissions of learned counsel for the applicant, learned A.G.A. and going through the contents of application, F.I.R. as well as other relevant documents; it is evident that during the course of investigation, applicant was not taken into custody. Thus, this Court is of the view that the applicant is entitled for anticipatory bail and in case he is taken into custody by Investigating Officer/Investigating Agency, then he shall be released forthwith on anticipatory bail after taking personal bond of Rs. 50,000/- and two sureties each in the like amount with the following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 6. Subject to above, the anticipatory bail application is disposed of. Order Date :- 3.1.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench