Neutral Citation No. - 2025:AHC:89046 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3367 of 2025 Applicant :- Rajesh Pandey @ Ashthabhuja Pandey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and Sri P.K. Tripathi, learned AGA for the State- opposite party, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 80 of 2024, under Sections 419, 420, 467, 468, 471 I.P.C., Police Station Chiluwatal, District Gorakhpur. 4. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The sale-deed was executed by an imposter. No amount was credited in the account of the applicant. The applicant is not a beneficiary of the alleged transaction. The name of the applicant surfaced during the course of investigation. The case of the applicant is clearly distinguishable from that of accused Rudransh Pandey and Archana Pandey. During the course of investigation the applicant was granted anticipatory bail vide order dated 26.04.2024 passed by the Additional District & Sessions Judge/ Special Judge (Prevention of Corruption Act), Court No. 1, Gorakhpur. At this stage there is no credible evidence to link the applicant with the offence. The investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been submitted. No custodial interrogation is required. The criminal history of the applicant has been explained in Paragraph-4 of the supplementary affidavit. The applicant has been summoned by the court concerned. The applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the applicant was not named in the first information report; the name of the applicant surfaced during the course of investigation; at this stage there is no substantive evidence to link the applicant with the offence; during the course of investigation the applicant was granted anticipatory bail; the investigation has been completed; the applicant had cooperated in the investigation; and, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant- Rajesh Pandey @ Ashthabhuja Pandey, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (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; (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 concerned court. 8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 22.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad