Neutral Citation No. - 2025:AHC:50663 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11393 of 2024 Applicant :- Vikash Tyagi Alias Bittu Tyagi Opposite Party :- State Of U.P. And Anther Counsel for Applicant :- Manoj Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Rishi Chaddha, learned A.G.A. for the State, and perused the material placed on record. 2. The applicant was granted interim anticipatory bail by the co- ordinate Bench of this Court vide order dated 20.01.2025. The order is quoted herein below: " 1. Compliance affidavit, filed today, is taken on record. 2. The compliance affidavit is not filed in proper way. 3. The Government Advocate prays for and is granted ten days' time to file affidavit. 4. List after ten days' as fresh. 5. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in Case Crime No.643 of 2024, under Sections 190, 191(2), 191(3), 115(2), 352, 351(2), 109, 126(2) B.N.S.S. and Section 7 Crl. Law Amendment Act, P.S. Hapur Nagar, District Hapur. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the S.H.O of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the police officer 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 from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P./C.P./A.C.P concerned. (iv) The applicant shall not tamper with the evidence during the trial. (v) The applicant shall not pressurized/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted. 6. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant." 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, two groups were firing and fighting amongst themselves. In the alleged incident no person has received any injury. In terms of the interim order dated 20.01.2025 passed by this Court, the applicant has joined the investigation. The criminal antecedents of the applicant has been explained in paragraph no. 19 of the affidavit filed in support of bail application. It is next submitted that the investigation is going on. In case the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and the fact that in the alleged incident no person has received any injury; in terms of interim order dated 20.01.2025 the applicant has joined the investigation; 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 till the submission of police report. 7. 7. In the event of arrest, the applicant- Vikash Tyagi @ Bittu Tyagi be released on anticipatory bail in Case Crime No. 643 of 2024, under Sections 190, 191(2), 191(3), 115(2), 352, 351(2), 109, 126(2) B.N.S. and 7 Criminal Law Amendment Act, Police Station- Hapur Nagar, District- Hapur till the submission of police report, if any, under Section 193(3) B.N.S.S., on furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer 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 from disclosing such facts to the Court or to any police officer; (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 Police Commissioner concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 7.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad