HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 289 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard learned counsel for the parties. 2. The applicant was granted interim anticipatory bail by means of the following order passed on 05.03.2025 by a Coordinate Bench of this Court: "Heard learned counsel for the applicant, the 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 a prayer to release the applicant on anticipatory bail in Range Case No.30/2020-21, under Sections 27(3), 51(1-C), 52/51(1-C), Wild Life Protection Act and Section 26, 41, 42, Indian Forest Act and 379, 411 I.P.C., Range-Dhaurahra, District - Lakhimpur Kheri. Contention of learned counsel for the applicant is that the applicant is not named in the F.I.R. and his name came into light in the confessional statement of the co-accused though there is no cogent piece of evidence against him. He added that the applicant is being harassed for no fault. He further submits that the applicant is undertaking that he will co-operate with the investigating proceedings and he will remain present before the Investigating Officer as and when required. Again submitted that the applicant has no previous criminal history which has been explained in para 20 of the Versus Counsel for Applicant(s) : Adarsh Shukla, Prince Singh Counsel for Opposite Party(s) : G.A. Ajaz Aslam @ Guddu .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) anticipatory bail application and he is a law abiding citizen and he has acute apprehension of being arrested by the police, as such, he may be granted anticipatory bail which he will not misuse. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that the applicant is named in the F.I.R. and there is sufficient proof that he has committed the offence, as such, he is not entitled to any relief. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court find it to be a fit case of interim anticipatory bail. Till the next date of listing, the present applicant Ajaj Aslam @ Guddu shall be released forthwith 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 charge sheet 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. Issue notice to the opposite party no.2 returnable at an early date. ABAIL No. 289 of 2025 2 List/put up this matter in second week of April 2025. In the meantime, learned counsel for the opposite parties shall file their counter affidavits. It is further provided that the applicant shall appear before the Investigating Officer on 10th March 2025 at 2.00 pm and subsequent thereto as per the requirement of the Investigating Officer failing which the Investigating Officer shall inform this Court in writing. " 3. The State has filed counter affidavit annexing therewith the material collected during investigation. Learned AGA has not pointed out any allegation of misuse of interim anticipatory bail granted to the applicant. 4. In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate bench of this Court on 05.03.2025 granting anticipatory bail to the applicant. 5. In view of above, the interim order dated 05.03.2025 is made absolute and the anticipatory bail application is allowed. September 15, 2025 Anurag ABAIL No. 289 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench