Neutral Citation No. - 2025:AHC-LKO:22238 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 421 of 2025 Applicant :- Rafeek Ahmad, Mo. Taufeek, Sabbeer Ahamad and Mo. Abid Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another Counsel for Applicant :- Ankit Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicants and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. In view of order being passed in this petition, notices to opposite party no.2 stand dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.167 of 2024 under Sections 308, 324, 504, 506 I.PC ., P.S. Salon, District Raebareli. 4. As per contents of first information report, the incident is said to have taken on 16.04.2024 at about 9.00 P.M. when applicants are said to have attacked informant and his family members and inflicted injuries upon them. 5. It has been submitted that applicants have been falsely implicated in charges levelled against them in view of fact that there is no injury attributable to attract Section 308 I.P.C. and even otherwise general allegations have been levelled. It is also submitted that injured Salma Bano in her statement has indicated that dispute arose due to old enmity. It is also submitted that injury report does not corroborate the allegations levelled against applicants and even otherwise the offences are all punishable only uptill seven years. Applicants have cooperated during course of investigation. 6. Learned Additional Government Advocate has opposed anticipatory bail with submission that injury report clearly corroborates allegations levelled against applicant and admits on the basis of instructions that applicants cooperated during course of investigation and there are no other criminal cases pending against applicants. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that all the Sections imputed against applicant have maximum punishment of up to seven years; applicants are said to have cooperated during course of investigation whereafter charge sheet was filed. The aspect of applicability of Section 308 I.P.C. would be subject matter of evidence during course of trial. 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 applicants under Section 438 Cr.P.C./482 BNNS. 8. In view of the above, it is provided that in the event of arrest, the applicants Rafeek Ahmad, Mo. Taufeek, Sabbeer Ahamad and Mo. Abid 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 court concerned with the following conditions:- (i) 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 him from disclosing such facts to the court or tamper with the evidence; (ii) The applicants shall not leave India without the previous permission of the court; (iii)The applicants shall not pressurize/ intimidate the prosecution witness; (iv)The applicants 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. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 10. The application stands disposed of. 11. The application stands disposed of. Order Date :- 21.4.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench