Neutral Citation No. - 2025:AHC-LKO:28660 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 58 of 2025 Applicant :- Hari Ram Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Dheerendra Kr. Agnihotri Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of State and perused the record. 2. As per report dated 01.03.2025 submitted by Chief Judicial Magistrate, Shahjahanpur, opposite party no.2 has been served personally but has not put in appearance till date. 3. Earlier vide order dated 23.01.2025, interim anticipatory bail application had been granted to applicant, which is as follows:- "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 227 of 2024, under Sections 191(2), 191(3), 115(2), 127(2), 308(5), 324(5), 352, 351(2) BNS, Police Station Asoha, District Unnao. Contention of learned counsel for the applicant is that the applicant is innocent and he has falsely been implicated in the present case. He submits that the applicant is not named in the F.I.R. and at the instance of inimical persons of the village, he has been implicated in the present matter. He submits that there is no substantial evidence against the applicant and the applicant is undertaking that he will co-operate with the investigating proceedings and he will remain present before the Investigating Officer as and when required. He submits that the identically situated co-accused namely, Ramesh Chandra has already been enlarged on interim anticipatory bail in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 14 of 2025 vide order dated 08.01.2025. He further submits that the applicant has no previous criminal history and he is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that he has committed the offence, as such, he is not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of interim anticipatory bail. Till the next date of listing, the present applicant- Hari Ram shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent 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. Let notice be issued to opposite party no. 2, returnable at an early date. Steps be taken within a week. If steps are taken, office shall proceed accordingly. List/put up this matter in third week of February, 2025. In the meantime, State as well as opposite party no.2, may file their counter affidavits." 4. Learned AGA on the basis of counter affidavit filed submits that subsequently charge-sheet has been filed with cooperation of applicant. 5. It appears that there is nothing adverse or any situational change from the date when interim anticipatory bail was granted to applicant. In view thereof, interim anticipatory bail granted to applicant earlier vide order dated 23.01.2025 is hereby made absolute subject to following conditions. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 B.N.S.S. 6. In view of aforesaid, the present interim anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Hari Ram till disposal of trial subject to the following conditions:- (i) 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/her from disclosing such facts to the court or tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii) The applicant shall not pressurize/ intimidate the prosecution witness; (iv) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 7. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 15.5.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench