HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8927 of 2023 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Heard Sri Aklank Kumar Jain, learned counsel for the applicant and Sri Manoj Kumar, learned brief holder for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No.0460 of 2019, under Sections 120B, 477A, 471, 468, 467, 420, 406, 193, 166 IPC and Section 7 of Prevention of Corruption Act, 1988, Police Station Jalesar, District Etah, with a prayer to enlarge him on anticipatory bail. 3. Learned counsel for the applicant submits that as per allegation co- accused Rangveer @ Raghuveer prepared a fake death certificate with connivance of applicant and other co-accused, who were public servant but entire allegation levelled against the applicant are totally false. 4. He further submits that during investigation when applicant filed instant anticipatory bail application then co-ordinate Bench of this Court vide order dated 09.08.2023 directed that no coercive action shall be taken against the applicant, provided he cooperates during investigation. 5. He further submitted that now charge sheet has been filed and pursuant to the order passed by co-ordinate Bench of this Court during investigation applicant was not arrested and there is no allegation that he misused the liberty granted to him. He further submitted that even after submission of charge sheet, custodial interrogation of the applicant is not Versus Counsel for Applicant(s) : Aklank Kumar Jain Counsel for Opposite Party(s) : G.A. Mohd. Saleem .....Applicant(s) State of U.P. and Another .....Opposite Party(s) required. He next submits, applicant is having apprehension, if he will appear before the court then he will be taken into custody. 6. He further submits that applicant is not having any previous criminal history. 7. He further submits that therefore, considering the above facts, applicant should be enlarged on anticipatory bail till conclusion of trial. 8. Per contra, learned A.G.A. however, opposed the prayer for grant of anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 9. I have heard both the parties and perused the record of the case. 10. However, as per allegation, applicant was public servant and co- accused Rangveer @ Raghuveer with the connivance of applicant and other public servants obtained forged death certificate but it reflects that during investigation when applicant instant filed anticipatory bail application in the year 2023 then on 09.08.2023 co-ordinate bench of this Court directed that no coercive action shall be taken against the applicant and there is no allegation that he misused the liberty granted to him by co- ordinate bench of this Court. 11. Further, now charge sheet has been filed and after submission of charge sheet, custodial interrogation of the applicant does not appear to be necessary. 12. Further, apprehension of arrest raised by the applicant cannot be ruled out and applicant is not having any previous criminal history. 13. Therefore, considering the facts and circumstances of the case discussed above, in my view applicant is entitled to be released on anticipatory bail till conclusion of trial. 14. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 15. In the event of arrest of the applicant, Mohd. Saleem involved in the ABAIL No. 8927 of 2023 2 aforesaid case crime number, shall be released on bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- i. 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 or tamper with the evidence; ii. that the applicant shall not leave India without previous permission of the court; iii. that the applicant shall not tamper with the evidence during the trial; iv. that the applicant shall not pressurize/ intimidate the prosecution witness; v. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 16. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 17. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 10, 2025 S.A. ABAIL No. 8927 of 2023 3 (Sameer Jain,J.) Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad