Neutral Citation No. - 2025:AHC-LKO:48530 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 745 of 2023 Applicant :- Raju Opposite Party :- State Of U.P. Thru. Addl. Chief Sectt. Home, U.P. Sectt. Lko. And Another Counsel for Applicant :- Praveen Tripathi,Shakti Krishna Chaube Counsel for Opposite Party :- G.A.,Abhinandan Kumar Pandey,Ram Raj Ojha,Rajesh Kumar , Babita Yadav Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in Case Crime No. 0186/2022 under Sections 394/323/304/506 I.P.C, Police Station- Jamo, District- Amethi. The Co-ordinate Bench of this Court vide order dated 5.4.2023 has passed the following order granting interim anticipatory bail to the applicant:- "Supplementary affidavit filed on behalf of the applicant is taken on record. Heard Shri Praveen Tripathi, learned counsel for the applicant as well as learned A.G.A. for the State and perused the record. The present anticipatory bail application has been moved by the accused/applicant- Raju in Case Crime No. 0186/2022 under Sections 394/323/304/506 I.P.C, Police Station- Jamo, District- Amethi, with the prayer to enlarge him on anticipatory bail as he is apprehending arrest in the above- mentioned case. Learned counsel for the accused-applicant while pressing the bail application submits that identically placed co-accused persons, namely, Bhagwan Deen as well as Rajesh Kumar have been granted anticipatory bail during the course of trial, as the charge sheet has already been submitted and during the course of investigation, they were granted interim protection from arrest vide order dated 11.07.2022 passed in Criminal Misc. Writ Petition No. 4669 of 2022 and the case of the instant applicant is identical with aforesaid co-accused persons, who have been granted anticipatory bail. Learned A.G.A. as well as learned counsel for the informant/complainant could not object to this admitted factual position. However, it is submitted by learned counsel for informant/complainant that the role of assault has been attributed to all the accused persons, however, recovery of assaulting weapon is shown to have been recovered from co-accused Bhola, whose regular bail his pending, be that as it may. The role of the instant applicant appears to be similar with those co-accused persons, who have been granted bail by coordinate Benche of this Court, however, in order to adjudicate the plea of anticipatory bail of the applicant, the perusal of the complete case diary would be required. Thus, list this case on 11.04.2023 in the list of fresh cases, however, since the charge sheet is stated to have been filed by the investigating officer, it is provided that till the next date of listing, in the event of the arrest of applicant- Raju under any process of the trial court, he shall be immediately released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer with the following conditions: (1) The applicant shall make himself available for interrogation or for discovery of any fact by a police officer as and when required; (2) 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 them from disclosing such facts to the Court or to any police officer; (3) The applicant shall not leave the District concerned without the previous permission of the Court." Learned counsel for the applicant submits that the applicant has been released on interim anticipatory bail after filing of the personal bonds and two sureties before the investigating officer. He has duly cooperated in the investigation. Charge-sheet in the case has already been filed. He has not misused the liberty of interim anticipatory bail granted by this Court. He undertakes to cooperate in the trial and in case, he is enlarged on anticipatory bail, he shall not misuse the liberty of same. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the aforesaid facts as argued by the learned counsel for the applicant. Without expressing any opinion on the merits of the case and considering the nature of accusation so also the fact that charge- sheet in the case has already been filed, the applicant has not misused the liberty of anticipatory bail granted by this Court coupled with the undertaking given by the applicant that he will cooperate in the trial, the interim protection granted by the coordinate bench of this Court vide order dated 5.4.2023 is made absolute. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 19.8.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench