HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1320 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.973 of 2017 under sections 420, 406, 467, 468, 471 I.P.C., P.S. Hazratganj, district Lucknow. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.From perusal of the record, it appears that the applicant was granted protection till filing of the police report vide order dated 6.11.2019 passed in bail No.9565 of 2019 by a coordinate Bench of this Court (Annexure No.2). The order is extracted below : " 1. Heard learned counsel for the applicant as well as learned Additional Government Advocate, representing respondent-State and perused the record. 2. By means of this application under Section 438 CrPC, the applicant seeks anticipatory bail in F.I.R. No.973 of 2017, under Sections 420, 467, 468, 471 and 406 I.P.C., Police Station Hazratganj, District Lucknow. 3. Allegations in the F.I.R. are that the applicant met complainant at Muslim Musafirkhana, Charbagh, Lucknow and produced himself to the complainant as he was an officer in the Secretariat of the State Government at Lucknow. The applicant said that he would secure employment on the post of Ward-Boy for the complainant at Trauma Center, KGMU, Lucknow. Thereafter, the applicant took Rs.1,25,000/- from the complainant. There are six other persons. The applicant gave mobile numbers from which he used to contact the complainant. 4. Learned counsel for the applicant, Mr. Manoj Kumar Singh, however, submits that the applicant is resident of District Bahraich, while the complainant is resident of District Raebareli. The learned counsel further submits that the allegations in the F.I.R. are totally concocted and false. The learned counsel further submits that the applicant is a farmer and there is no likelihood of his indulging in such activity. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A. Mohd. Firoj Khan .....Applicant(s) State Of U.P. Thru. Prin Secy. Home Lko. .....Opposite Party(s) 5. Considering above aspects, and without entering into merit of the case, it would be appropriate to grant protection to the applicant under Section 438 Cr.P.C. till filing of the police report under Section 173(2) Cr.P.C. In the event of arrest, the applicant shall be released on bail on his furnishing a personal bond of Rs.30,000/- and two sureties each in the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and he will not influence the witnesses. He will remain present as and when the arresting officer/I.O./S.H.O. concerned call for investigation/interrogation. The applicant shall also be released 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; and (iii) That the applicant shall not leave India without the previous permission of the Court. 6. With the above observation/direction, the anticipatory bail application is disposed of." 4.Learned counsel for the applicant submits that after filing of the charge sheet, the accused applicant is apprehending arrest. He has cooperated in the investigation and not misused the liberty granted by this court. The applicant has no criminal history. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. He submits that notice under section 41-A CrPC was served on the accused applicant and he has cooperated in the investigation. 6.Considering the above aspects of the matter, perusal of the record, charge sheet has been filed, the applicant has no criminal history, the undertaking given on behalf of the applicant that he shall cooperate in the trial, he has not misused the liberty granted by this court vide order, extracted above, judgments of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a ABAIL No. 1320 of 2025 2 certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. November 27, 2025 kkb/ ABAIL No. 1320 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench