Neutral Citation No. - 2025:AHC-LKO:7049 Court No. - 16 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 149 of 2025 Applicant :- Manoj Kumar Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Rakesh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.235/2021, under Sections 147/148/149/307 IPC, P.S. Kamlapur, District Sitapur. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. In the prosecution, it is alleged that on the event of nomination for the post of Block Pramukh, Block Kasmanda, named accused persons along with unnamed accused fired and threw hand grenades. Due due to that injured Kunwar Akhand Pratap Singh and Anupam Singh have suffered injuries in their head and hand. Learned counsel for the applicant submits that role assigned to the applicant is similar to that of co-accused Akash Singh who has been granted anticipatory bail by this Court vide order dated 25.9.2024 passed in Anticipatory Bail No.2071 of 2024. It is further submitted that role of firing or throwing grenade is not on the present applicant; rather it is on Prabhat Tiwari as per statement of injured Anupam Singh. There is no recovery from the present applicant. The injured Kunwar Akhand Pratap Singh while giving statement has contradicted earlier statement given by the injured Anupam Singh which has been noted by the investigating officer in C.D. 39. Learned AGA has opposed the bail application. On due consideration to the relevant part of CD-38 and 39 as well as the bail order of Akash Singh, co-accused, the fact that charge sheet has been filed; during investigation, the applicant has not been arrested as well as considering the law laid down by the Supreme Court in the case of Mahdoom Bava v. CBI, 2023 SCC OnLine SC 299 and also the undertaking given on behalf of the applicant that he shall cooperate in the trial, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the trial. In view of the above, the accused applicant is directed to surrender before trial court within twenty days from today. The accused applicant shall be released on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with 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 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; 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 :- 4.2.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench