Anticipatory bail can be granted when there are no adversarial facts against the applicant, ensuring fairness in the judicial process.

JUDGMENT :

Shree Prakash Singh, J.

1. Rejoinder affidavit filed today by the counsel for the applicant is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record.

3. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case Crime No. 0228 of 2021, under sections 420, 467, 468, 506, 120-B of the IPC, Police Station-Ahirauli, District-Ambedkar Nagar.

4. From perusal of the order sheet, it appears that on 22.11.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:-

"1. Heard Ms. Seema Upadhyay holding brief of Sri Ram Singh, learned counsel for the applicant and Sri Nirmal Kumar Pandey, learned AGA.

2. At the very outset attention has been drawn towards the order dated 24.10.2024 passed by this Court in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 2435 of 2024 (Waseem Akram vs. State of U.P.) which reads as under:

"Heard learned counsel for the applicant, learned AGA for the State and perused the record."

5. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 0228 of 2021, under sections 420, 467, 468, 506, 120-B of the IPC, Police Station-Ahirauli, District-Ambedkar Nagar.

6. Contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated. He added that the first information report has been lodged against all the accused persons including the present applicant,whereas, the role to the present applicant is assigned for threatening and except apart, there is no role of the applicant. He submits that the present applicant is neither vendor nor vendee or the marginal witness and thus, he is in no way the beneficiary of the same and being the brother of the bonafide purchaser, he has been implicated in the present matter. He also added that the chargesheet has been filed in the case and thus, there is no possibility that the present applicant will abscond from the investigation proceedings. He also submits that there is an apprehension that the police will arrest the applicant and therefore, submission is that the applicant may be enlarged on anticipatory bail.

7. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submits that the applicant is not entitled for any relief.

8. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it a fit case for grant of interim anticipatory bail.

9. Accordingly, till the next date of listing, the present applicant-Waseem Akarm shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with the following conditions:-

(i) that the applicant shall make himself available for interrogation by a police officer as and when required;

(ii) that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence;

(iii) that the applicant shall not leave India without the previous permission of the court;

(iv) that in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial;

(v) that the applicant shall not pressurize/intimidate the prosecution witness;

(vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted;

(vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail.

10. List/put up this matter in the week commencing 11.11.2024, as fresh.

11. In the meantime, learned counsel for the State s