Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 99 of 2025 Applicant :- Amrit Lal And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Govt. Of U.P. Lko. And Another Counsel for Applicant :- Vivek Chandra Counsel for Opposite Party :- G.A.,Farooq Ayoob Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. as well as learned counsel for the complainant. This anticipatory bail application has been filed by the applicants, Amrit Lal and Ravi Shanker, apprehending their arrest in Case Crime No. 1114 of 2024, under Sections 108, 3(5), and 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station- Kotwali Nagar, District- Barabanki. A co-ordinate Bench of this Court had previously granted interim protection to the applicants vide an order dated 30.01.2025, directing them to cooperate with the investigation. The applicants' counsel submits that they have complied with the conditions of the interim order and have not misused the liberty granted to them and they have submitted the bonds. This submission has not been denied by the opposite parties. The order dated 30.01.2025, reads as under:- "1. Heard Sri Vivek Chandra, learned counsel for the applicants and Sri Ram Ji, learned Additional Government Advocate for the State. 2. Issue notice to opposite party No.2 returnable at an early date, for which, necessary steps be taken within a week. 3. Office to proceed accordingly. 4. This anticipatory bail application has been filed by the present applicants (Amrit Lal and Ravi Shanker) apprehending their arrest in FIR/ Case Crime No.1114 of 2024, under Sections 108, 3 (5), 351 (3) of Bharatiya Nyaya Sanhita, 2023, Police Station-Kotwali Nagar, District- Barabanki. 5. Learned counsel for the applicants has submitted that the present applicants have been falsely implicated in this case as they have not committed any offence as alleged in the prosecution story so narrated in the First Information Report (in short F.I.R.). 6. Initially, the F.I.R. has been lodged under Sections 103 (1), 3 (5) and 351 (3) of BNS, Police Station-Kotwali Nagar, District-Barabanki but during the course of investigation the aforesaid sections have been amended and now the investigation is going on on the allegation of Sections 108, 3 (5) and 351 (3) B.N.S. 7. Learned counsel for the applicants has drawn attention of this Court towards the statement of some witnesses and perusal thereof does not indicate that the present applicants have instigated by an overt act to the victim to commit suicide. Even no such allegation has been levelled in the impugned F.I.R. because the F.I.R. was lodged for the offence of murder. 8. Learned counsel for the applicants has stated that the present applicants are having no prior criminal history of any kind whatsoever. They are having their permanent address, therefore, there is no flight risk. He has undertaken on behalf of the present applicants that the applicants shall not misuse the liberty of anticipatory bail, if so granted by this Court, and shall abide by all terms and conditions of the anticipatory bail order and shall cooperate in the investigation properly, therefore, their liberty may be protected till completion of investigation and filing of the police report in the light of the dictum of Apex Court rendered in the case in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 9. Matter requires consideration. 10. Let the counter affidavit be filed within a period of four weeks. Rejoinder affidavit, if any, may be filed within a week thereafter. 11. List this case in the week commencing 17.03.2025 within top ten cases. 12. Till the next date of listing, in the event of arrest, the accused- applicants (Amrit Lal and Ravi Shanker) shall be released forthwith in the aforesaid case crime number on interim anticipatory bail on furnishing personal bonds with two sureties each in the like amount to the satisfaction of the Arresting Authority/ court concerned on the following conditions:- (i) that both the applicants shall appear before the Investigating Officer on 04.02.2025; at 11:00 a.m. sharp to cooperate in the investigation and they shall further appear to cooperate in the investigation as and when they are called by the Investigating Officer till filing of the police report, failing which, this interim protection may be withdrawn on the next date; (ii) that the applicants 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 or tamper with the evidence; (iii) that the applicants shall not leave India without prior permission of the court; (iv) that the applicants shall not pressurize/ intimidate the prosecution witnesses and shall not temper with evidence during trial; (v) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (vi) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants." In light of the submissions, and considering that the applicants have cooperated with the investigation, the Court finds it appropriate to make the interim protection absolute. Accordingly, the interim order dated 30.01.2025 is hereby made absolute. The application is allowed, and the anticipatory bail is disposed of in terms of the interim order dated 30.01.2025, in view of the dictum of the Apex Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi), 2020 SCC online SC 98. It is made clear that any observations made while granting this bail shall not in any way influence the trial court in forming its independent opinion based on the evidence presented. Order Date :- 21.8.2025 Haseen U. Digitally signed by :- HASEENUDDIN High Court of Judicature at Allahabad, Lucknow Bench