Neutral Citation No. - 2025:AHC:52952 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9769 of 2024 Applicant :- Yogesh Goyal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rishika Raj Singhal,Shivendra Raj Singhal Counsel for Opposite Party :- Puneet Srivastava,G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri Puneet Srivastava, counsel for the opposite party no.2 and Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record. 2. The applicant was granted interim anticipatory bail vide order dated 25.10.2024 by the co-ordinate Bench of this Court. The order is quoted herein below:- "1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. This anticipatory bail application has been moved seeking bail in Case Crime No. 62465 of 2023, under Sections 307, 323 and 506 of IPC, Police Station Quarsi, District Aligarh during the pendency of trial. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. It is further submitted that present proceedings has been initiated on an application filed under Section 156(3) Cr.P.C. which was treated as a complaint case. Learned trial court recorded the primary evidence. It is further submitted that first time this fact was brought on record that some C.C.T.V. footage was available at the hand of the informant which is not mentioned in his complaint. The witnesses who were recorded on behalf of the complainant are their relatives not independent witness. The complaint has been filed after a delay of five months which is not explained. In the medical report, complaint of pain was noted. The father of the informant filed an online complaint to the competent authority on the basis of the occurrence dated 23.7.2023. On the same set of fact, the present proceedings are initiated but therein no incident of firing made by the applicant was mentioned. Therefore, in the present complaint material improvement is incorporated. A complaint was also filed by applicant to Revenue Authority about drain (nali) and an F.I.R. was filed against the father of the informant regarding legal encroachment. Lastly, it has been stated that applicant is having apprehension of imminent arrest and that in case, he granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation. 4. Per-contra, learned A.G.A. assisted by learned counsel for the informant has opposed the application for anticipatory bail and submitted that summoning order has been passed on the basis of primary evidence under Sections 307, 323 and 506 of IPC. The applicant approached this court by filing an application under section 482 No. 10170 of 2024 for quashing of the present proceedings which was refused. 5. Matter requires consideration. 6. Opposite parties are directed to file counter affidavit in the matter by the next date fixed. 7. Till the next date of listing, in the event of arrest, the applicant Yogesh Goyal involved in the aforesaid case crime be released on interim 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 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 case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith. 9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. Place this case in the additional cause list on 29.11.2024. " 3. Counsel for the applicant contends that pursuant to the said order the applicant has furnished bail bonds before the concerned court and is appearing before the concerned court on the dates fixed. The applicant has no criminal antecedents. In case, the applicant is released on anticipatory bail, till the conclusion of trial, he will not misuse the said liberty. 4. Learned A.G.A. 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. 5. Having regard to the submissions made by counsel for the applicant as recorded in the order dated 25.10.2024, considering the nature of accusations, antecedents of the applicant, the fact that the applicant is appearing before the concerned court on the dates fixed and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Yogesh Goyal, involved in Complaint Case No. 62465 of 2023 under Sections 307, 323 and 506 I.P.C., Police Station - Quarsi, District - Aligarh 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 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 him 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. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 10.4.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad