HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2047 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.475 of 2025 under sections 419, 420, 467, 468, 471, 120-B I.P.C., P.S. Gangaghat, district Unnao. 2.Heard learned counsel for the applicant, learned Additional Government Advocate for the State, and Shri Vivek Chandra, learned counsel for the complainant, who has filed a vakalatnama on behalf of the complainant, which is taken on record. 3.It is alleged in the prosecution case that the first information report in question has been registered on the basis of order dated 18.6.2025 whereby the death certificate dated 8.10.2003 was cancelled. 4.Learned counsel for the applicant submits that a Division Bench of this Court in Writ C No.10980 of 2025 vide order dated 15.11.2025 has stayed the cancellation order. Thus the very basis on which the first information report was lodged and the applicant was made accused has already been stayed by the Division Bench of this court. It is submitted that this stay order is still operating. It is further submitted that on the basis of death certificate dated 8.10.2003 of Smt. Dhanwati, one Jitendra Bahadur Singh has secured compassionate appointment. Role assigned to the accused applicant is that Versus Counsel for Applicant(s) : Sudhir Kumar Pandey, Rama Niwas Pathak Counsel for Opposite Party(s) : G.A. Yogendra Bahadur Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Home And Another .....Opposite Party(s) the applicant has assisted the co-accused Anshmati. The applicant has explained criminal history of one case in para 29 of the bail application. The co-accused Jitendra Bahadur Singh has been granted interim protection by a Division Bench of this Court in Crl. Misc. W.P. No.7880 of 2025. Another co-accused Smt. Anshumati has been granted anticipatory bail vide order passed in Anticipatory Bail No.1944 of 2025. One other co-accused Markandey Singh has also been granted Anticipatory bail by this Court vide order dated 15.12.2025 passed in Crl. Misc. Anticipatory Bail Application No.2010 of 2025. The applicant seeks parity with the bail order of the said co-accused. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation/trial. 5.Learned Additional Government Advocate as well as learned counsel for the complainant have opposed the prayer made by learned counsel for the applicant. Learned counsel for the complainant submits that the applicant has explained the criminal history of only one case, whereas he is also involved in another criminal case i.e. Complaint Case No. 981 of 2025, which has not been explained by him. Rebutting the said argument, learned counsel for the applicant submits that the applicant has no knowledge of the said alleged criminal history and even while rejecting his first anticipatory bail application, no such criminal history was brought to the notice of the learned trial court either by the complainant or by the prosecution. 6.Considering the above aspects of the matter, the fact that the applicant has explained criminal history, the very basis on which the first information report was registered has been stayed by the Division Bench of this court vide order dated 15.11.2025 (supra) which order is still continuing which is not disputed by the parties, the co-accused, named above, have been granted protection, the undertaking given on behalf of the applicant that he will cooperate in the ongoing investigation, perusal of the record, as also the judgment in Sushila Aggarwal and others versus NABAIL No. 2047 of 2025 2 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 protection to the applicant. 7.In view of the above, it is provided that in the event of arrest, 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 investigating officer/S.H.O. The applicant shall report to the investigating officer within seven days from the date of receipt of a certified copy of this order. The investigating officer shall enlarge the applicant on anticipatory bail, as directed above. The applicant shall cooperate in the investigation and he will not influence the witnesses. The applicant shall not leave India sans previous permission of the Court. In case of default, it would be open for the investigating agency to proceed in accordance with law/ to move application for vacation of this order. 9.The application is allowed accordingly. December 18, 2025 Madhu D.R/P.S NABAIL No. 2047 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench