Neutral Citation No. - 2025:AHC-LKO:6681 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 22 of 2025 Applicant :- Raj @ Yuvraj Vishwakarma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Counter affidavit filed today by the State is taken on record. 2. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. 3. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Case Crime/ FIR No.135 of 2024, under Sections 109 (1), 310 (4), 310 (5), 3(5) of B.N.S., Police Station- Konhdaur, District- Pratapgarh. 4. From perusal of the order sheet, it appears that on 17.01.2025, the following order was passed:- "1. Heard Sri Ramakar Shukla, learned counsel for the applicant and Sri Ran Vijai Singh, learned AGA for the State. 2. As per learned counsel for the applicant, the present applicant is apprehending his arrest in Case Crime/ FIR No.135 of 2024, under Sections 109 (1), 310 (4), 310 (5), 3(5) of B.N.S., Police Station- Konhdaur, District- Pratapgarh. 3. Learned counsel for the applicant has submitted that the present applicant has been falsely implicated in the case as he has not committed any offence as alleged. Sri Ramakar Shukla has stated that co-accused Aadarsh alias Bhuar, who is having similar role/ allegation, has been granted interim anticipatory bail by this Court vide order dated 12.11.2024 in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.135 of 2024, therefore, on the basis of principles of parity, the present applicant may also be granted interim anticipatory bail. Learned counsel for the applicant has stated that the applicant undertakes that he shall not misuse the liberty of anticipatory bail, if granted by this Court. 4. Learned AGA has opposed the aforesaid prayer but he could not controvert the aforesaid submission of learned counsel for the applicant. 5. Therefore, without entering into merits of the issue; considering the arguments of learned counsel for the parties; the fact that co-accused Aadarsh alias Bhuar, who is having similar role/ allegation, has been granted interim anticipatory bail by this Court and undertaking of the applicant that he shall not misuse the liberty of anticipatory bail, I find it appropriate that liberty of the present applicant may be protected till the next date of listing. 6. List and connect with Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.135 of 2024, 7. In the meantime, counter affidavit may be filed. 8. Till the next date of listing, it is directed that in the event of arrest, applicant- Raj alias Yuvraj Vishwakarma shall be released on interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the arresting authority/ 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 default of any of the conditions mentioned above, the prosecution shall be at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant; V. that the applicant shall not pressurize/ intimidate the prosecution witness. " 5. From perusal of the order dated 17.01.2025, 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. 6. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Raj @ Yuvraj Vishwakarma 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. 7. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 30.1.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench