Neutral Citation No. - 2025:AHC-LKO:13860 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2826 of 2024 Applicant :- Suresh Kumar @ Suresh Kumar Kanaujiya Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. Counsel for Applicant :- Ashish Kumar Singh Counsel for Opposite Party :- G.A.,Anuj Kumar Mishra Hon'ble Shree Prakash Singh,J. Rejoinder affidavit to the counter affidavit filed by the counsel for the complainant, filed today by the counsel for the applicant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State, learned counsel for the complainant and perused the material placed on record. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime No. 434 of 2024, under sections 419, 420, 467, 468, 471 of the IPC, Police Station-Kotwali Nagar, District-Gonda. From perusal of the order sheet, it appears that on 20.12.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- “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. 434 of 2024, under sections 419, 420, 467, 468, 471 of the IPC, Police Station-Kotwali Nagar, District-Gonda. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that a civil dispute is being given colour of criminality. He next added that the dispute is in between two brothers and the applicant had no criminal intent to commit any offence. He submits that the applicant has one case criminal history, which has been explained and he is cooperating in the investigation proceedings. 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- Suresh Kumar @ Suresh Kumar Kanaujiya, 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.” State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough 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 proceedings 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 @ Suresh Kumar Kanaujiya 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 order. It is provided that the applicant shall remain present before the investigating officer on 12.03.2025 at 02.00 pm and he would also remain present as and when required by the investigating officer, failing which the investigating officer shall inform this Court regarding non-cooperation of the applicant. Order Date :- 6.3.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench