Hon'ble Mohd. Faiz Alam Khan,J.

1. Heard S/Shri Gopal Misra and Prakhar Misra, learned counsels for the applicant, as well as learned AGA for the State, and perused the record.

This 2nd anticipatory bail application has been moved on behalf of applicant-accused- Chamanlal Diwakar as his first anticipatory bail application has been rejected by this court vide order dated 10.04.2023 passed in CRIMINAL MISC.ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C.No. -838 of 2023.

2. The present application has been filed by the accused-applicant- Chamanlal Diwakar in F.I.R./Case Crime No.0649 of 2021, under Sections 409, 420, 467, 468, 471 and 120-B IPC lodged at Police Station Gomtinagar, Lucknow, with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above mentioned case.

3. Learned counsel for the applicant submits that neither the applicant was named in the FIR nor any charge-sheet has yet been filed against him. It is vehemently submitted that there is material change in the facts and circumstances of the case since the rejection of first anticipatory bail application of the applicant as the applicant has contacted the complainant of the instant case- Shri Yogendra Singh and he has entered into a settlement/compromise, terms of which have also been reduced in writing, and copy of the compromise/settlement has been placed on record at page-32 of the anticipatory bail application wherein it has been specifically stated that the informant does not know the applicant- Chamanlal Diwakar and he is not having any dispute with him of any nature.

4. It is also submitted that the condition no. 3 of the settlement/compromise specifically stipulates that the complainant is not willing to prosecute the applicant. It is submitted that when the complainant/informant is himself not intending to prosecute the applicant, there is no material available before the investigating officer to apprehend/arrest him, however, serious efforts are being made by the investigating officer to arrest the applicant and, it is on account of this apprehension, the applicant has approached this court for protection of his liberty.

5. It is also submitted that against the order of this Court dated 10.04.2023 whereby first anticipatory bail application of the applicant was disposed off, the applicant had approached Hon'ble Supreme Court by filing Petition for Special Leave to Appeal (Crl.) No.5835 of 2023, however, the same was not found favour and dismissed on 04.10.2023 and Review Petition (Crl.) No.529 of 2023 pertaining to the same has also been dismissed on 09.01.2024. It is vehemently submitted that the dismissal/rejection of the above mentioned SLP and Review Petition may not come in the way of the grant of anticipatory bail as the investigating officer is attempting to apprehend the applicant without there being any cogent material/evidence and, thus, the personal liberty of the applicant be protected. Criminal history of the applicant comprising 11 cases has been explained in para-24 of the anticipatory bail application and there is no apprehension that after being released on anticipatory bail, the applicant may flee from the course of law or may otherwise misuse the liberty.

6. Learned AGA, on the other hand, submits that first anticipatory bail application of the applicant was disposed off by this Court on 10.04.2023 and facility of anticipatory bail was refused and aggrieved by the said order of this Court dated 10.04.2023 the applicant had approached the Hon'ble Supreme Court by filing the above mentioned SLP which has also been dismissed on merits and review petition of the same has also been dismissed and all the grounds, which have been available to the applicant at that point of time, may not be re-agitated again. It is further submitted that the applicant, in pursuance of the directions of the Hon'ble Supreme Court to surrender before the Trial Court within six weeks from passing of the order dated 04.10.2023 for the purpose of s

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