Neutral Citation No. - 2025:AHC-LKO:48888 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 511 of 2023 Applicant :- Ramu Alias Ram Kishore Opposite Party :- State Of U.P. Thru. Secy. Home Dept. Of Lko. And Another Counsel for Applicant :- Dileep Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No. 4448 of 2021 Under sections-323 & 304 I.P.C. Police Station-Reusa, District- Sitapur. Case called out. None appears on behalf of the applicant. Learned AGA is present. The coordinate Bench of this Court while granting interim protection to the applicant vide order dated 28.02.2023 has passed the following order:- "The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No.4448 of 2021 under sections 323, 304 I.P.c., P.S. Rausa, district Sitapur. Heard learned counsel for the applicant and learned A.G.A. for the State. It is submitted on behalf of the applicant that a complaint case via application under section 156(3) CrPC has been filed on 22.9.2021. The incident is of 14.9.2021. There is unexplained delay in filing the complaint. In the statement under section 200 CrPC, the complainant has alleged that the deceased, brother of the complainant was beaten by the accused persons including the applicant and he was strangulated to death and thereafter, he was hanged. He submits that the complainant is not an eye witness as is evident from his statement under section 200 CrPC. It is next submitted that there is not even a last seen evidence according to statement of the complainant. P.W.1 has also alleged that the deceased was killed by strangulation. The story of P.W.1 and the complainant is falsified by the post mortem report wherein death is due to anti mortem hanging and not by strangulation as alleged in the prosecution case. The case is of circumstantial evidence. He further submits that the applicant undertakes that he shall cooperate in the trial. Learned A.G.A. has opposed the prayer made by the applicant's counsel. He is allowed fifteen days' time to file objections. Issue notice to respondent No.2. List on 6.4.2023. Without expressing any opinion on the merits of the case and considering the nature of accusation, perusal of the complaint, the statement of the complainant under section 200 CrPC, and the applicant having no criminal antecedents, the undertaking given on behalf of the applicant that he shall cooperate in the trial and gravity of offence, I am of the opinion that in the event of arrest/surrender before the concerned court, the applicant is entitled to be enlarged 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 as also keeping in view of the judgment in Sushila Aggarwal vs. State (NCT of Delhi) 2020 SCC OnLine 98, the accused applicant is directed to surrender before trial court if he is summoned to face trial for offence in question. In the event of arrest/surrender before the concerned court, the accused applicant shall be enlarged 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; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 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." Learned A.G.A. has informed the Court that a charge sheet has been filed. However, he has failed to show that the applicant has misused the liberty earlier granted by this Court. Considering the fact that the applicant has cooperated during the investigation and has further undertaken to cooperate in the trial, the interim protection granted by this Court vide order dated 28.02.2023 is made absolute, in view of the law laid down by the Hon’ble Apex Court in Sushila Aggarwal v. State (NCT of Delhi), 2020 SCC OnLine SC 98. In view of the aforesaid, the application is allowed. Order Date :- 20.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench