Neutral Citation No. - 2025:AHC:121984 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3636 of 2025 Applicant :- Pappu Opposite Party :- State of U.P. Counsel for Applicant :- Sarve Nazir,Zafar Abbas Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Despite time granted to the counsel for the informant, no counter affidavit has been filed. 2. Heard learned counsel for the applicant, Sri Raj Shekhar Srivastava, learned AGA for the State and Sri Siddharth Rai, counsel for the informant. Perused the material available on record. 3. The applicant was granted interim anticipatory bail by this Court vide order dated 9.5.2025. The order is quoted herein below:- "1. Sri Shambhavi Nandan, Advocate has filed his vakalatnama on behalf of the informant, the same is taken on record. 2. Heard learned counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State as well as Sri Shambhavi Nandan, counsel for the opposite informant and perused the material placed on record. 3. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.432 of 2023, under sections 386, 506 I.P.C., P.S. Katghar, District Moradabad. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. Earlier, the applicant had submitted an application before the Senior Superintendent of Police Moradabad, on 22.08.2023 for registration of the first information report against the informant. In counterblast to the said proceedings, the instant prosecution has been instituted against the applicant. As per the allegations, in the first information report, the phone call was made to the informant by co-accused Tinku. Reliance has also been placed on the report of the Sub-Inspector. P.S Katghar, Moradabad dated 26.08.2023. It is next contended that no such incident as alleged in the FIR has occurred. The applicant has no criminal antecedents. The investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has apprehension of his arrest in the above mentioned case. 5. Matter requires consideration. 6. Learned AGA and counsel for the informant pray for and are granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within one week thereafter. 7. Place this case on 10.7.2025 in the additional cause list. 8. Till the next date of listing, in the event of arrest, the applicant Pappu, involved in the aforesaid case crime be released on interim anticipatory bail 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 his before the concerned court. 9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same." 4. Counsel for the applicant contends that pursuant to the interim order dated 9.5.2025 the applicant had furnished the bail bonds before the concerned court and is appearing on the dates fixed. Further, the applicant had cooperated in the investigation. No custodial interrogation is required. The applicant is a lady and has no criminal antecedents. In case, the applicant is granted anticipatory bail till the conclusion of trial, she will not misuse the said liberty. 5. Learned AGA for the State and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant; the fact that as per the allegations in the first information report, the phone call was made to the informant by co-accused Tinku; as per the report of Sub-Inspector. P.S Katghar, Moradabad dated 26.08.2023 no such incident has occurred, at this stage there is no substantive evidence to link the applicant with the offence; the applicant had cooperated in the investigation; no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA and counsel for the informant; 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- Pappu, involved in Case Crime No.432 of 2023, under sections 386, 506 I.P.C., P.S. Katghar, District Moradabad, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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. 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 :- 24.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad