Neutral Citation No. - 2025:AHC-LKO:49119 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 157 of 2023 Applicant :- Vipin Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Lalu Prasad Bhatt Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in Case Crime No.384/2020 under Sections 328/304 I.P.C., Police Station Khairighat, District Bahraich. Heard learned counsel for the applicant and learned A.G.A. for the State. This Court vide order dated 24.01.2023 while granting interim protection to the applicant has passed the following order:- "Heard learned Counsel for the applicant and learned A.G.A. for the State/respondent as well as perused the record. Issue notice to respondent no.2 returnable at an early date. The prosecution case as per the First Information Report, which is lodged via application under Section 156(3) Cr.P.C., is that son of the informant Kanhaiyalal was having acquaintance with the present applicant Both went together to earn livelihood about 4-5 months ago. Dispute between the two was started regarding the monetary transaction. The applicant kept enmity with the son of the informant. On 2.8.2020, while the deceased went to Shivpur bazar at 9.00 a.m. for some work the applicant and his father, Anirudh Pathak was met him at the bazar and enticed him to their home where they had administered poison to him at 11.00 a.m.. One Nankaye and Hussani have last seen the deceased with the applicant and father of the co-accused. Learned counsel for the applicant submits that the First Information Report has been lodged after delay of three months. Except the last seen allegation of Nankaye and Hussani there is nothing in the prosecution case against him. The Nankaye, at the stage of filing application Section 156(3), filed an affidavit before the learned Magistrate and have denied the prosecution version and have stated that the applicant is innocent. Inquest was performed on 2.8.2020. At that time the family members of the deceased were present and they have not taken the name of the applicant. Even no statement of Nankaye and Hussani have been recorded by the Investigating Officer while filing the charge-sheet against the co-accused Anirudh Pathak, which is on record. Learned counsel for the applicant undertakes on behalf of the applicant that he shall cooperate in the investigation. Learned A.G.A. has opposed the bail prayer and prays for ten days' time to file objections/Counter Affidavit. On due consideration to the arguments advanced, perusal of the record, so also the fact that except last seen evidence there is nothing against the present applicant even the statement of the alleged last seen witness has not been recorded by the Investigation Officer, and the applicant undertakes to cooperate in the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. Therefore, till the next date of listing, as an interim measure, it is provided that in the event of arrest the accused-applicant Vipin be released forthwith in Case Crime No.384/2020 under Sections 328/304 I.P.C., Police Station Khairighat, District Bahraich, on bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:- (i) That the accused-applicant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation. (ii) That the accused-applicant shall not, directly or indirectly make any inducement, threat and 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. (iii) That the accused-applicant shall not leave India without the previous permission of the Court. In case of breach of any of the above conditions or in case it is otherwise found for any other reason the bail is required to be canceled, it shall be open for the State or the appropriate authority to move application for cancellation of bail/vacation of this order in accordance with law. List on 15.2.2023. In the meantime, learned A.G.A. may file counter affidavit. " Learned counsel for the applicant submits that charge-sheet in the case has been filed. There is nothing on record to show that liberty granted by this Court has been misused by the applicant. Case is of circumstantial evidence. Learned A.G.A. has vehemently opposed the bail application. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he shall cooperate in the trial, the interim protection granted by this Court vide order dated 24.01.2023 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 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. In view of the aforesaid, the application is allowed. Order Date :- 20.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench