1. Rejoinder Affidavit filed today on behalf of the applicant is taken on record.

2. Case called out.

3. Neither the opposite party no. 2 nor her counsel is present.

4. Under the aforesaid circumstances, the court is proceeding in this matter.

5. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record.

6. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Case Crime No. 512 of 2021, under sections 408/420 of the I.P.C.,Police Station-Purakalandar, District-Faizabad/Ayodhya.

7. From perusal of the order sheet, it appears that on 02.01.2025 following order was passed wherein the present applicant has been granted interim anticipatory bail:-

"1. Heard learned counsel for the applicant, learned A.G.A. for the State. and perused the record.

2. The present application under Section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No.512 of 2021, under Sections 408, 420 I.P.C., Police Station Purakalanader, District - Ayodhya.

3. Learned counsel for the applicant has submitted that applicant has been falsely implicated in the present case. He further submitted that in the month of August, applicant has taken Rs.60,000/- for his personal work, which was returned to the owner of the petrol pump and thereafter, in the month of September, he left the job, then F.I.R. in question was lodged on the basis of incorrect facts with the allegation that applicant had taken away the money from the petrol pump. He further submitted that this is highly improbable that in a routine manner, every day sale amount was audited with the fuel sold out, therefore, there is no gravity in the alleged offence, in such, circumstances, applicant is entitled for interim bail.

4. Learned A.G.A. opposed the prayer of the applicant and submitted that applicant himself has admitted that Rs.60,000/- was taken for his personal work and same was returned but during the course of inquiry, it was found by the informant that earlier also applicant has taken huge amount of money, then F.I.R. was lodged and charge sheet has already been submitted.

5. Considering the argument of learned counsel for the parties and going through the contents of the F.I.R. as well as other relevant documents, as during the course of investigation, applicant was not taken into custody and charge sheet has already been filed, therefore, there is no need of custodial trial. Accordingly, this Court is of the view that applicant is entitled for interim bail.

6. In view of the above, since, charge sheet in the matter has been filed, till the next date of listing, in the event of arrest of the applicant, namely, Anuj Srivastava in the aforesaid case, he shall be released forthwith on his furnishing personal bond of Rs.25,000/- with two sureties each in the like amount with the following conditions:-

(i) That the accused-applicant shall cooperate with the trial.

(ii) That the accused-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; and

(iii) That the accused-applicant shall not leave India without the previous permission of the Court.

7. List this case on 4.2.2025.

8. In the meantime, the A.G.A. may file objection. "

8. From perusal of the order dated 02.01.2025, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings.

9. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Anuj Srivastava till disposal of the trial subject to 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 the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and

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

10. In case of default, it would be open for the Investigating Agency to move application for vacation of this protection.