Neutral Citation No. - 2025:AHC-LKO:3550 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 71 of 2025 Applicant :- Loha @ Arvind @ Arbind Opposite Party :- State Of U.P. Thru. Addl. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Prem Prakash Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard counsel for the applicant, learned AGA for the State and perused the record. The instant application under section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No. 0197 of 2024 under section 109 BNS, 3/25 Arms Act 3/5A/8 The U.P. Prevention of Cow Saughter Act, 1955 and Section 11 of The Prevention of Cruelty to Animal Act, 1960 Police Station- Jaitpur District- Ambedkarnagar. The contention of counsel for the applicant is that applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that the applicant is not named in the first information report and only on the basis of the confessional statement of the co-accused he has been implicated. He also added that the applicant was not involved in committing the offence and there is no evidence against him so far as the offence is concerned. He further submits that there is no previous criminal history of the applicant as is mentioned in paragraph no. 17 of the affidavit filed in support of the anticipatory bail application. He submits that the main accused has already been enlarged on bail and there is acute apprehension that the applicant will be arrested by the police thus, submission is that he may be granted anticipatory bail. On the other hand, learned counsel appearing for the State has opposed the contentions aforesaid and submits that the applicant is found involved in committing the offence and chargesheet has been filed thus, the applicant is not entitled for any relief. Having heard counsels for the parties and after perusal of material placed on record, it transpires that the applicant is not named in the first information report and his name came into light only the basis of confessional statement of the co-accused. This Court has also taken note of the fact that the chargesheet has been filed and there is no complaint that the applicant has ever absconded from the investigation proceedings. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Loha @ Arvind @ Arbind, be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the 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 case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 20.1.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench