HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 461 of 2023 Court No. - 9 HON'BLE RAJESH SINGH CHAUHAN, J. 1. Heard. 2. This Court has passed the order dated 23.02.2023, which reads as under:- "Heard Sri Rajiva Dubey, learned counsel for the applicants and learned AGA for the State. Issue notice to opposite party no.2 returnable at an early date. Steps within a week. Office to proceed accordingly. As per learned counsel for the applicants, the present applicants are apprehending their arrest in Case Crime/ FIR No.0087 of 2022, under Sections 471, 506, 504, 468, 467, 420 & 419 IPC, Police Station - Ikauna, District - Shrawasti. Learned counsel for the applicants has drawn attention of this Court towards Annexure No.7 of the application, which is an order dated 21.09.2022 passed by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.1552 of 2022 granting anticipatory bail to the present applicants till conclusion of the investigation. Learned counsel for the applicants has stated that the present applicants have cooperated in the investigation in terms of the order dated 21.09.2022 and have not misused the liberty of anticipatory bail so granted by this Court. Now, charge sheet has been filed and the present applicants undertake that they shall cooperate in the trial proceedings and shall not misuse the liberty of anticipatory bail, if granted by this Court in terms of the dictum of the Apex Court in re; Sushila Aggarwal vs. State (NCT of Delhi), 2020 SCC online SC 98. Further attention has been drawn towards the order dated 01.11.2022 passed by this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.1307 of 2022, Mohammad Versus Counsel for Applicant(s) : Rajiva Dubey, Jayshanker Shukla Counsel for Opposite Party(s) : G.A. Datadeen And 5 Others .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt., Lko. And Another .....Opposite Party(s) Zaki Hashmi and 2 Others Vs. State of U.P. and Another, whereby this Court has granted anticipatory bail to other three co-accused persons, therefore, learned counsel has submitted that liberty of the present applicants may be protected till conclusion of trial. Learned AGA has opposed the aforesaid prayer and has requested that he may be granted some time to file counter affidavit. Considering the aforesaid submissions of learned counsel for the parties, it is directed that in the event of arrest/ appearance before the learned court below, applicants, namely, Datadeen, Banshidhar, Omprakash, Dharnidhar, Satishchandra and Tarun Kumar shall be released on interim anticipatory bail on their furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:- 1. that the applicants shall make themselves available for interrogation by a police officer as and when required; 2. 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 or tamper with the evidence; 3. that the applicants shall not leave India without the previous permission of the court; 4. that the applicants shall not pressurize/ intimidate the prosecution witness; 5. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; Let counter affidavit be filed by the opposite parties within a period of four weeks. List this case in the week commencing 3rd April, 2023." 3. Notably, the present applicants were initially granted anticipatory bail till conclusion of investigation and they had cooperated in the investigation, therefore, the charge-sheet has been filed. 4. In the present anticipatory bail application, learned Additional Government Advocate has prayed to file the counter affidavit but no counter affidavit has been filed. 5. It has been informed at the Bar that after filing of the charge-sheet, the petition under Section 482 Cr.P.C. has been filed, wherein this Court granted an interim protection staying the trial. ABAIL No. 461 of 2023 2 6. In view of the aforesaid facts and circumstances, I do not find any purpose to keep this anticipatory bail application pending any longer. 7. Accordingly, this anticipatory bail application is allowed in terms of order dated 23.02.2023 and the applicants shall abide by all terms and conditions of order dated 23.02.2023, failing which, any appropriate application may be filed by the State or the complainant for cancellation of this order. November 20, 2025 Suresh/ ABAIL No. 461 of 2023 3 (Rajesh Singh Chauhan,J.) Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench