HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1327 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.2519 of 2010 under sections 406, 147, 467, 471, 420, 504, 506 I.P.c., P.S. Krishna Nagar, district Lucknow. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that the informant gave Rs.3.50lakh to Ram Kishore for a land and an agreement was executed in his favour. Further, the informant gave Rs.4.50 lacs to Bhanu Pratap. When the informant visited tehsil, he came to know that the said land is registered in the name of Gram Samaj. When the informant confronted the co-accused, they showed their willingness to return the money back and sought time. However, it is alleged that on 13.2.2010 at 9.00a.m. when the informant went at the residence of Bhanu Pratap, he along with his brother-in-law Ajay Singh, wife, driver and two others threatened to kill the informant. 4.Learned counsel for the applicant submits that the arrest of the applicant was stayed by a Division Bench of this court vide order dated 20.4.2010 passed in Misc. Bench No.2615 of 2010 during investigation. Charge sheet has been filed and the applicant has cooperated in the investigation. After filing of the charge sheet, a petition under section 482 CrPC No.5385 of 2011 was filed by the accused applicant and a coordinate Bench of this court vide order dated 13.12.2011 has granted interim Versus Counsel for Applicant(s) : Lalit Kishore Tiwari Counsel for Opposite Party(s) : G.A. Ajay Pratap Singh (Ajay Singh) .....Applicant(s) State Of U.P. Thru. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) protection regarding arrest of the accused applicant. However, the said petition came to be dismissed vide order dated 14.1.2020 (page 53 of the paper book) with liberty to the applicant to apply for regular bail. It is submitted that since charge sheet has already been filed and the applicant has cooperated in the investigation, no useful purpose will be served in sending the applicant behind bar. 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. 6.A perusal of the record shows that the anticipatory bail application of the applicant has been rejected by the learned Sessions Judge, Lucknow on the ground that the applicant has not complied the order dated 14.1.2020 (supra). In this context, learned counsel for the applicant submits that the accused applicant was not aware about the dismissal of the petition vide order dated 14.1.2020 (supra). It is submitted that for the said reason, the applicant could not apply for regular bail. A pleading in this context has also been made in para 29 of the bail application. 7.A perusal of the order dated 14.1.2020 passed in the petition under section 482 CrPc No.5385 of 2011 (supra) shows that a conditional order was passed by the court granting liberty to the applicant that in case the applicant appears/surrender before the court below and applies for bail, the same shall be considered and decided in accordance with law, as referred to, in the said order. It was not mandatory for the applicant to have applied for regular bail. 8.Considering the above facts and circumstances, perusal of the record, the applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, the offences are triable by Magistrate, the applicant has no criminal history, role assigned to the applicant in the present case, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be ABAIL No. 1327 of 2025 2 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 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. December 2, 2025 kkb/ ABAIL No. 1327 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench