Neutral Citation No. - 2025:AHC-LKO:25051 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 389 of 2025 Applicant :- Naushad Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Anothers Counsel for Applicant :- Anand Kanaujia,Adam Sultan Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant, learned AGA for State and perused the record. Notice to opposite party no.2 stands dispensed with. 2. The First Anticipatory Bail Application has been filed with regard to Case Crime No.414 of 2024, under Sections 318(4), 319(2), 336, 338 of B.N.S. 2023 & Section 163 of the Railways Act, 1989, Police Station G.R.P. Charbagh, District Lucknow. 3. Contention of learned counsel for applicant is that the applicant is innocent and he has been falsely implicated in the present case. He submits that the applicant was not arrested on spot and only on the basis of confessional statement of co- accused Mohd. Iliyas, name of the present applicant has been implicated in the present case. He added that there is no documentary evidence against the applicant that the article, i.e., oxytocin injections have been recovered from the possession of the applicant. 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. He further submits that the applicant has no previous criminal history 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. 4. On the other hand, learned AGA appearing for the State has opposed the contentions aforesaid and submitted that there is sufficient proof that the applicant has committed the offence, as such, he is not entitled to any relief. 5. 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. 6. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNSS. 7. In view of above, it is provided that till filing of police report u/s 173(2) Cr.P.C./193 BNSS in the event of arrest, applicant Naushad shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (i) That the accused-applicant shall make himself/herself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-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/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) That the accused-applicant shall not leave India without the previous permission of the Court. (iv) In case of default, it would be open for the investigating agency to move application for vacation of this order. 8. The application stands disposed of. Order Date :- 1.5.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench