HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 515 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The applicant has moved the present application praying for grant of anticipatory bail in case crime No. 495 of 2021, under Sections 406, 419, 420, 467, 468 & 471 of IPC, P.S. Inayatnagar, District Ayodhya. 2.Heard learned counsel for the applicant and learned A.G.A. for the State who has opposed the bail. From the office report and the report of the Chief Judicial Magistrate, Ayodhya, it appears that notice was served at the residence of respondent No.2. Report from the police station shows that notice could not be served as the family members of the deceased have informed that the respondent No.2 has died. Although the family members/legal heirs have been informed, however, none appears on behalf of the complainant. 3.This Court while giving interim protection has passed the following order on 12.5.2025 : "1. Heard learned counsel for applicant and learned A.G.A. for State-opposite party 2. Issue notice to opposite party No.2 3. First anticipatory bail application has been filed with regard to case crime No. 495 of 2021, under Sections 406, 419, 420, 467, 468 & 471 of IPC, P.S. Inayatnagar, District Ayodhya. 4. As per contents of F.I.R., co-accused Ghanshyam Chandra Kaushal who has been introduced as father of applicant was allegedly instrumental in inducing the informant and his family members into investing Versus Counsel for Applicant(s) : Neera Yadav Counsel for Opposite Party(s) : G.A. Arin Kaushal .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) in a company known as Ani Bullian Traders and Eye Vision Credit Co-operative Society. Allegation levelled is despite investment being made, neither principal nor any interest thereupon was returned. 5. It is submitted that applicant has been falsely implicated in charges levelled against him which would be evident from the fact that there is no specific allegation levelled in the FIR against applicant who is only the son of main accused Ghanshyam Chandra Kaushal who was an employee of the aforesaid organization. It is submitted that the aspect of cheating as against breach of promise would be requiring consideration. It is submitted that applicant is innocent and has been roped in only on account of the fact that he is son of Ghanshyam Chandra Kaushal. It is submitted that applicant does not have any previous criminal history and undertakes to co-operate during investigation. 6. Learned A.G.A. has opposed bail application with submission that as per instructions received, applicant is not co-operating in the investigation due to which not only non-bailable warrant but also process under Section 82 Cr.P.C. has been initiated against applicant on 09.09.2024. It is, however, admitted that investigation against applicant is yet pending. 7. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that main gist of allegation have been levelled against Ghanshyam Chandra Kaushal, father of applicant. There does not appear to be any specific allegation of deceitful inducement being made against applicant who does not have any previous criminal history and undertakes to co-operate during investigation. 8. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail. 9. Let the accused-applicant Arin Kaushal as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. 10. In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:- (i) That the accused-applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. (ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. 11. List this case on 13.06.2025, as fresh along with service report. 12. Applicant is directed to appear before the Investigating Officer on 16.05.2025 at 02:00 PM. 13. Learned AGA shall obtain instructions by next date of listing with regard to co-operation of applicant ABAIL No. 515 of 2025 2 in investigation. 4.Learned counsel for the applicant has submitted that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail. It is submitted that the applicant undertakes to cooperate in the trial. 5.Considering the interim protection granted by this court vide order extracted above which has not been misused by the applicant, undertaking that the applicant shall cooperate in the trial, charge sheet has been filed, the applicant has no criminal history and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier is liable to be and is hereby made absolute. 6.The application is allowed accordingly. October 27, 2025 kkb/ ABAIL No. 515 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench