Neutral Citation No. - 2025:AHC:61482 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1708 of 2025 Applicant :- Mohammad Akhtar Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Asthana Counsel for Opposite Party :- G.A.,Pradeep Chauhan,Shiva Kant Dubey Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant as well as Sri Rishi Chaddha, learned A.G.A. for the State and Sri Pradeep Chauhan, counsel for the informant. Perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.310 of 2024, under sections 34, 419, 420, 467, 468, 471, 504, 506 I.P.C., and Section 67, 66D I.T. Act, P.S. Bilariyaganj, District Azamgarh. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Earlier the daughter of the applicant lodged a first information report against the informant on 6.9.2024 registered as case crime No. 0494 of 2024, under Section 376, 323, 506 I.P.C., P.S. Kotwali, District Azamgarh. In the counter blast to the said proceedings the instant prosecution has been instituted against the applicant and other co-accused. It is next contended that the alleged amount was transferred in the account of daughter of the applicant. The applicant has no concern with the alleged transaction. No amount was credited in the account of the applicant. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the fact that earlier the daughter of the informant lodged a first information report against the informant on 6.9.2024, the fact that the alleged amount was transferred in the account of daughter of the applicant; no amount was credited in the account of the applicant; at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant Mohammad Akhtar Khan be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 23.4.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad