Neutral Citation No. - 2025:AHC:32557 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1360 of 2025 Applicant :- Suresh Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Shukla Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Anurag Shukla, learned counsel for the applicants and the learned AGA for the State and perused the record. 2. The instant anticipatory bail application has been filed on behalf of the applicants with a prayer to release them on bail in Complaint Case No.119 of 2016, under Section 420, 468, I.P.C., Police Station- Chakar Nagar, District- Etawah, till conclusion of trial. 3. Learned counsel for the applicants submit that the applicants are innocent and have been falsely implicated in the present case due to ulterior motive. The F.I.R was registered against the applicants but the Investigating Officer did not collect any evidence and, therefore, submitted the final report. Thereafter, a protest application moved by the complainant-informant, treated as complaint and issue summons against the applicants. The allegation against the applicants is that the applicants are witnesses of the agreement to sell. The applicants challenged the summoning order by filing an application under Section 482 Cr.P.C., the same was dismissed and thereafter the applicants moved a discharge application but the same was rejected. In the year, the applicants were pursuing legal remedy. Learned counsel for the applicants further submitted that applicant No. 3 is 84 years old. Applicants' counsel undertakes that applicants will co-operate in the trial, failing which, the State can move appropriate application for cancellation of the anticipatory bail. It has been submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail. 4. On the other hand, learned AGA has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicants. 5. Considering the arguments advanced by the learned counsel for the parties and in view of the law laid down by the Apex Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case. 6. Without expressing any opinion upon ultimate merits of the case either ways which may be adversely affect the trial of the case, the anticipatory bail application of the applicants is allowed. 7. Let the applicants- Suresh Singh, Yogendra Singh and Prabal Pratap Singh, who are involved in the aforesaid crime, be released on anticipatory bail till conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:- i. The applicants shall not leave India during the pendency of trial without prior permission from the concerned trial Court. ii. The applicants shall surrender their passports, if any, to the concerned trial Court forthwith. Their passports will remain in custody of the concerned trial Court. iii. That the applicants 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; iv. The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicants. v. In case, the applicants misuse the liberty of bail, the trial Court concerned may take appropriate action in accordance with law. vi. The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against them in accordance with law. Order Date :- 6.3.2025 NSC Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad