Neutral Citation No. - 2025:AHC:16650 Court No. - 66 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10916 of 2023 Applicant :- Smt. Pramod Tyagi And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Rajkapoor Upadhyay,Sanjeev Kumar Tyagi Counsel for Opposite Party :- G.A.,Hemant Kumar,Pradeep Kumar Keshri Hon'ble Sameer Jain,J. 1. Heard Ms. Farzana, learned counsel for the applicants, Sri Hemant Kumar, learned counsel for the informant and Sri Vijay Pratap Singh, learned AGA for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 197 of 2023, under Sections 420, 406 IPC, Police Station Medical, District Meeut, with a prayer to enlarge him on anticipatory bail. 3. Learned counsel for the applicants submits that on the basis of false allegation of fraud and cheating applicants have been made made accused in the present matter. 4. She further submits even offences under Section 420, 406 IPC are not only triable by Magistrate but are punishable for maximum period of seven year. 5. She further submits on 12.10.2023 with the very detailed order applicants have been enlarged on interim anticipatory bail and they did not misuse the liberty of interim anticipatory bail granted to them. It is further submitted after investigation charge-sheet has been filed against them. 6. She further submits during investigation pursuant to the order passed by this Court applicants have not been arrested. 7. She next submits as during investigation applicants were on interim anticipatory bail therefore, there is no occasion to send them behind bar. It is next submitted, considering the general practice adopted by the court concerned now a days applicants are having apprehension, if they will appear before the court concerned and seek regular bail then they will be sent to jail. She placed reliance on the judgment of Apex Court passed in the case of Mahdoom Bava vs. Central Vureau of Investigation 2023 SCC OnLINE SC 299. 8. She next submits, even after submission of the charge-sheet custodial interrogation of the applicants is not required. 9. She further submits therefore interim anticipatory bail earlier granted to the applicants may be made absolute. 10. Per contra, learned A.G.A. and learned counsel for the informant opposed the prayer for grant of anticipatory bail and submitted however on 12.10.2023 applicants have been enlarged on interim anticipatory bail but there is specific allegation of fraud and cheating against applicants but both the counsel could not dispute the fact that all the offences are triable by the Magistrate with maximum punishment of seven year and pursuant to the order passed by this court during investigation applicants have not been arrested and now charge- sheet has been filed. 11. I have heard both the parties and perused the record of the case. 12. However as per allegation applicants committed cheating and misappropriation but record also suggest that on 12.10.2023 with a detailed order they have been enlarged on interim anticipatory bail by this Court and it appears during investigation they remained on interim anticipatory bail and there is no allegation that they misused the liberty of interim anticipatory bail granted to them by co-ordinate Bench of this Court. Record also suggest that now investigation has been completed and charge-sheet has been filed. 13. Further, all the offences are triable by Magistrate with maximum punishment of seven year. 14. Therefore considering the fact and circumstances of the case, in my view applicants are entitled to be released on anticipatory bail till conclusion of trial therefore interim anticipatory bail granted to them is hereby made absolute. 15. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 16. In the event of arrest of the applicants Smt. Pramod Tyagi, Ishwar Chand Tyagi and Mohit involved in the 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 applicants 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 applicants shall not leave India without previous permission of the court; iii. that the applicants shall not tamper with the evidence during the trial; iv. that the applicants shall not pressurize/ intimidate the prosecution witness; v. that the applicants shall appear before the trial court on each date fixed unless personal presence is exempted; 17. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants. 18. It is made clear that observations made in granting anticipatory bail to the applicants shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 5.2.2025 Neeraj Digitally signed by :- NEERAJ KUMAR SINGH High Court of Judicature at Allahabad