Neutral Citation No. - 2025:AHC:75044 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7886 of 2024 Applicant :- Amit Sonkar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Braj Lal,Prasenjeet Counsel for Opposite Party :- G.A.,Ramesh Chandra Tiwari Hon'ble Vivek Varma,J. 1. Despite time granted to the learned AGA, no counter affidavit has been filed. 2. Certified copy of the charge-sheet as well as summoning order, produced by counsel for the applicant, are taken on record. 3. The applicant was granted interim anticipatory bail vide order dated 22.8.2024 passed by the co-ordinate Bench of this Court. The order is quoted herein below:- "1. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant - Amit Sonkar, in F.I.R. No. 0048 of 2024, under sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Kokhraj, District Kaushambi. 2. Heard learned counsel for the applicant as well as learned AGA and perused the material available on record. 3. It is submitted by learned counsel for the applicant that as per allegation in the F.I.R. it is alleged that the informant is the daughter of the deceased and after the death of the deceased the applicant has got mutated his name in the revenue record. Learned counsel for the applicant submits that by order dated 18.02.2014 passed by the Sub Divisional Magistrate, Chayal, District Kaushambi, the name of the applicant was mutated in proceedings under section 229 of the U.P.Z.A. & L.R. Act Learned counsel for the applicant submits that once there is an order for declaration in favour of the applicant for mutation of the name then it was not open for the informant to have lodged the criminal proceedings. It is submitted by learned counsel for the applicant that if the applicant is enlarged on anticipatory bail, he will not misuse the liberty and cooperate with the investigation. The applicant has apprehension of his arrest by the police any time. 4. Submission requires consideration. 5. Issue notice to the opposite party no. 2. 6. List this case on 26.09.2024 7. As an interim protection, till the next date fixed for final hearing on this application, the applicant is granted interim anticipatory bail in the aforesaid case crime number. In the event of arrest of the applicant, he shall be released on interim anticipatory bail on his furnishing a personal bond of Rs. 25,000/- 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 for interrogation by a police office 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 him/her from disclosing such facts to the Court or to any police office. (iii) The applicant shall not leave India without the previous permission of the Court concerned. (iv) In the event, the applicant changes residential address, the applicant shall inform the court concerned/Investigating Officer about new residential address in writing. 8. In case of default of any of the conditions, the Investigating Officer shall be at liberty to file appropriate application for cancellation of interim protection granted to the applicant. " 4. Counsel for the applicant contends that pursuant to the order dated 22.8.2024 the applicant had furnished bail bonds before the concerned court. The case is purely civil in nature. The applicant has not forged or manipulated any documents. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the court concerned. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial, he will not misuse the said liberty. 5. Learned AGA for the State and counsel for the opposite party no.2 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 by counsel for the applicant as recorded in the order dated 22.8.2024, considering the nature of accusations and antecedents of the applicant, the fact that the case is purely civil in nature; at this stage there is no substantive evidence to link the applicant with the offence; charge- sheet has been filed; the applicant had cooperated in the investigation; no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by the learned AGA as well as by counsel for the opposite party no.2; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 8. In the event of arrest, the applicant- Amit Sonkar, involved in F.I.R. No. 0048 of 2024, under sections 419, 420, 467, 468, 471, 504, 506 I.P.C., Police Station Kokhraj, District Kaushambi, 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. 9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. Order Date :- 8.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad