HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 311 of 2023 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Learned Counsel for the applicant and learned A.G.A. for the respondent State are present. None appears for the complainant. The applicant has moved the present application praying for grant of anticipatory bail in Case Crime No. 303/2022, under Section 413 I.P.C., P.S. Amethi, District Amethi. This Court while giving interim protection has passed the following order on 9.2.2023 :- "The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No. 303/2022, under Section 413 I.P.C., P.S. Amethi, District Amethi. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that the applicant is not named in the F.I.R. On the basis of confessional statement of the co-accused he has been implicated in this case. Regarding the alleged theft of Sheshnag etc. he has already been enlarged on regular bail under Section 379/411 I.P.C. After being enlarged on regular bail, the offences under Section 413 I.P.C. has been added. It has been further submitted by the learned counsel for the applicant that even if the entire prosecution case is taken to be true he cannot be said to be a habitual offender. No case under Section 413 I.P.C. is made out. The Versus Counsel for Applicant(s) : Vyas Narayan Shukla Counsel for Opposite Party(s) : G.A. Lalji .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Of U.P. Lko. And Another .....Opposite Party(s) applicant has a criminal history of one case which has been explained in para 13 of the affidavit filed in support of the bail application. Charge sheet has been filed in this case. The applicant has cooperated in the investigation and further undertakes to cooperate in the trial. Issue notice to respondent No. 2. Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit. List on 17.03.2023. On due consideration to the argument advanced as well as perusal of the record and the fact prior to lodging of this F.I.R., the applicant has no previous criminal antecedents; the applicant undertakes to cooperate in the trial and also considering the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:- (1) The applicant shall cooperate in the trial and he will not influence the witnesses. (2) The accused-applicant will remain present on each and every date fixed by the trial court. (3) The applicant shall not leave India without previous permission of the Court." Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds before the trial court and the applicant has cooperated in the trial and not misused the liberty of interim anticipatory bail. It is submitted that the applicant undertakes to cooperate in the trial. Learned A.G.A. could not dispute the fact that the applicant has cooperated in the investigation and has not misused the liberty of interim anticipatory bail. ABAIL No. 311 of 2023 2 Considering the interim protection granted vide order extracted above which has not been misused by the applicant, undertaking that the applicant shall cooperate in the trial, and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. The application is allowed accordingly. October 29, 2025 Madhu D.R/P.S ABAIL No. 311 of 2023 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench