Neutral Citation No. - 2025:AHC-LKO:21507 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 320 of 2025 Applicant :- Mukhtar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Anubhav Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. First Anticipatory Bail Application has been filed with regard to Case Crime no.827 of 2024 under Sections 197(2), 191(3), 333, 115(2), 352, 351(3), 308(5) B.N.S., P.S.Pihani, District Hardoi. 3. As per contents of first information report, the incident is said to have taken place on 25.12.2024 at about 5.00 P.M. when persons nominated in F.I.R. barged into the house of informant and inflicted injuries upon informant and his family members while seeking extortion of Rupees five lakh. 4. It has been submitted that applicant has been falsely implicated in charges levelled against him which is evident from fact that he is not named in the F.I.R. and his name has been included during course of investigation only on the basis of statements of persons nominated in the F.I.R. It is submitted that investigation against applicant is still ongoing and applicant does not have any previous criminal history. 5. Learned Additional Government Advocate has opposed anticipatory bail but does not dispute aforesaid aspects and also submits that investigation with regard to applicant is still ongoing while charge sheet against nominated persons has already been filed. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, subject to further evidence being collected during investigation, it appears that applicant's name has surfaced only on the basis of alleged confessional statements of persons nominated in F.I.R. Applicant does not have any previous criminal history and investigation against him is still ongoing. 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 BNNS.. 7. In view of the above, it is provided that till filing of police report u/s 173(2) Cr.P.C. in the event of arrest, the applicant Mukhtar 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; and (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 :- 17.4.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench