Neutral Citation No. - 2025:AHC-LKO:19580 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 295 of 2025 Applicant :- Zishan Opposite Party :- State Of U.P. Thru. Home Secy. U.P. Lko. Counsel for Applicant :- Sanjeev Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned A.G.A. for opposite party. 2. First anticipatory bail application has been filed with regard to case crime No. 239 of 2024 under Sections 303(2), 317(2), 317(4) BNS, P.S. Saadatganj, District Lucknow. 3. As per contents of first information report, the incident is said to have taken place on 31st December, 2024 when a police team acting upon a tip received from police informer is said to have raided a particular place and is said to have recovered e-riksha from the persons indicated in the recovery memo. Applicant's name has been indicated as one of the accomplishes on the basis of confessional statement of one of the accused. 4. It has been submitted by learned counsel for applicant that he has been falsely implicated in the charges levelled against him which would be evident from recovery memo since the applicant is not indicated to have been apprehended from the spot nor is there any recovery from him and that his name has been included only on the basis of alleged confessional statement of Mohd. Adil, one of the persons who was apprehended allegedly from the spot. It is submitted that except for alleged confessional statement, there is no direct or indirect evidence against the applicant. 5. Learned A.G.A. has opposed bail application with submission that applicant's name has been included on the basis of confessional statement of one of the accused and clearly indicates his being an accomplice. It is however admitted that previous criminal history of applicant has been explained in paragraph No. 31 and 32 of the affidavit filed in support of bail application. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that applicant is not shown to have been apprehended from the spot nor is there any recovery from him. His name appears to have been incorporated only on the basis of alleged confessional statement of one of the accused, Mohd. Adil. Previous criminal history of the applicant has already been explained. 7. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 8. In view of the above, it is provided that in the event of arrest, the applicant- Zishan shall be released on anticipatory bail in the aforesaid Case Crime number on his 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) 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. 9. The application stands allowed. Order Date :- 8.4.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench