Neutral Citation No. - 2025:AHC-LKO:17108 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 92 of 2025 Applicant :- Ankit Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Shiv Shankar Singh,Vimal Kishor Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for the applicant, learned A.G.A. appearing on behalf of State and perused the record. 2. The first anticipatory bail application has been filed on behalf of the applicant with regard to Case Crime No. 355 of 2024, under sections 131,109,351(3),3(5) of B.N.S., P.S.- Kotwali Jaidpur, District- Barabanki. 3. On 30.01.2025, applicant was granted interim anticipatory bail, the order is as follows:- "Heard learned counsel for the applicant, learned A.G.A. 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. 355 of 2024, under sections 131,109,351(3),3(5) of B.N.S., P.S.- Kotwali Jaidpur, District- Barabanki. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter due to ulterior motive. He submits that though the applicant is named in the FIR and has been attributed the role of opening fire over the alleged injured, but the injury report is evident that the injury is a suspective gunshot injury. He added that no bullet is recovered from the body of the injured and as such, the whole prosecution story is concocted and fabricated as no such incident has taken place. He further added that the role of the applicant could not be segregated as neither in the FIR nor in the statement of the injured, it is disclosed that who had opened the fire over the injured. He also submits that the applicant is cooperating in the investigation proceedings and even then, there is 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 AGA appearing for the State has opposed the submissions aforesaid and submits that the applicant is involved in committed offence, as such, he is not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Ankit Kumar shall be released forthwith, in case of his arrest 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 chargesheet 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 the 1st week of March, 2025. In the meantime, the State as well as opposite party no. 2 may file their counter affidavits." 4. Subsequently, vide order dated 06.03.2025, it was noticed by this Court as submitted by learned AGA that applicant is not cooperating in investigation and therefore specific directions were passed with regard to same. 5. In pursuance thereof, learned AGA upon instruction submits that subsequently applicant cooperated in the investigation whereafter charge sheet has also been filed. 6. Considering the aspects indicated in the earlier order dated 30.01.2025, the interim anticipatory bail granted to applicant is hereby made absolute. 7. The anticipatory bail application, therefore, stands allowed. Order Date :- 25.3.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench