HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8561 of 2023 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Complaint Case No.5220 of 2021, under Sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Sigara, District Varanasi arising out of Case Crime No. 28 of 2020, with the prayer that in the event of arrest, applicant may be released on bail. 3. Vide order dated 08.08.2023 co-ordinate Bench of this Court had granted interim anticipatory bail to the applicant. 4. Learned counsel for the applicant submits that the applicant was working as a Secretary in Mercantile Co-operative Bank, Vidhyapith Road Sigara, District Varanasi and the allegation against him is that he fabricated some loan paper of informant and obtained forged bank draft on the basis of the aforesaid forged act F.I.R., was lodged in which, after investigation charge sheet was filed however on the protest petition, the case was treated as complaint case. Learned counsel further argued that during investigation nothing was found against the applicant and the learned Court below in a routine manner treated the case as a complaint case and summoned the applicant to face trial under the charged sections inspite of the fact that there is no credible evidence against him. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to co-operate during the trial and he would appear as Versus Counsel for Applicant(s) : Abhishek Kumar Counsel for Opposite Party(s) : G.A., Rajendra Singh, Sarvagya Singh Praveen Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. Learned A.G.A. as well as learned counsel for the informant has opposed the application for anticipatory bail. 6. Perusal of the record shows that the applicant was granted interim order dated 08.08.2023 by which anticipatory bail subject to the condition mentioned in the order was granted, in which one of the condition was to the effect that the applicant shall appear before the trial Court on each date fixed. Perusal of the order sheets of the case shows that the applicant has violated the condition and is misusing the liberty of bail, copy of the order sheets is annexed as Annexure-SA1 to the supplementary affidavit. In the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 8. Interim order, if any stands vacated. 9. The anticipatory bail application is rejected. September 22, 2025 S.Ali ABAIL No. 8561 of 2023 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad