Neutral Citation No. - 2025:AHC-LKO:15969 Court No. - 29 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 335 of 2025 Applicant :- Mahesh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another Counsel for Applicant :- Umesh Dixit,Girish Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard counsel for the applicants, learned AGA for the State and perused the record. The instant application under section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No. 31 of 2020, under sections 147, 148, 149, 308, 323, 324 and 325 of IPC Police Station- Mishrikh District- Sitapur. The contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that in fact both sides have inflicted injuries and the incident has taken place in the spur of moment. He next added that the identically situated co-accused persons Mahesh and 4 other have already been enlarged on anticipatory bail in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 148 of 2025 and the present applicants are also seeking parity to the same. He next added that the applicants have cooperated in the investigation proceedings and the chargesheet has been filed and there is no possibility that they would tamper the evidences or would threaten the witnesses. He submits that there is no complaint that the applicants are not cooperating in the trial proceedings and they have a case criminal history which has been explained in paragraph no. 27 of the bail application and except apart there is no criminal history thus, submission is that the applicants may be enlarged on anticipatory bail. In addition, he added that the anticipatory bail application of identically situated co-accused persons, Mahesh and 4 others have been allowed vide order dated 06.03.2025. On the other hand, learned A.G.A. appearing for the State though, has opposed the contentions on merits, but he could not dispute the fact that the identically situated co-accused persons have already been enlarged on anticipatory bail. Having heard learned counsels for the parties and after perusal of material placed on record, it transpires that the identically situated co-accused persons, Mahesh and 4 other have already been enlarged on anticipatory bail in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 148 of 2025 vide order dated 06.03.2025 and the present applicants are seeking parity to the same. Considering the aforesaid aspect of the matter, the instant regular anticipatory bail is hereby allowed of while granting bail to the applicants namely, Mahesh and Awadhesh Kumar@Awadhesh till disposal of the trial subject to the following conditions :- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (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 them 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 the previous permission of the court' (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants shall not pressurize/ intimidate the prosecution witness. In case of default, it would be open for the investigating agency to move application for vacation of this protection. Order Date :- 19.3.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench