Neutral Citation No. - 2025:AHC-LKO:39747 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 465 of 2025 Applicant :- Rajeshvar And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And Another Counsel for Applicant :- Nijam Ahamad Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants 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.130 of 2023, under Sections 147, 452, 323, 325, 504, 506, 427 I.P.C., P.S. Jahangirganj District Ambedkar Nagar. The Co-ordinate Bench of this Court vide order dated 30.4.2025 has passed the following order:- " 1. Heard learned counsel for applicants and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. Issue notice to opposite party no.2. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.130 of 2023, under Sections 147, 452, 323, 325, 504, 506, 427 I.P.C., P.S. Jahangirganj District Ambedkar Nagar. 4. As per contents of first information report, the incident is said to have taken place on 19.05.2023 at about 11.00 A.M. when applicants along with co-accused are said to have attacked the informant and family members inflicting serious injuries. 5. It has been submitted that applicants have been falsely implicated in charges levelled against them which would be evident from fact that only general allegations of causing injuries have been made in the F.I.R. Learned counsel has also drawn attention to fact that injuries have been suffered by both the sides and submits that at this stage, instigator of the altercation cannot be ascertained. It is also submitted that applicants 3 and 4 do not have any previous criminal history while criminal history of applicants 1 and 2 have been explained in the affidavit filed in support of the bail application and they have cooperated during investigation whereafter charge sheet has been filed. 6. Learned Additional Government Advocate has opposed anticipatory bail but does not dispute aforesaid factual aspects. It is also admitted that applicants have cooperated during investigation whereafter charge sheet has been filed. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that altercation has taken place between the parties with injuries being suffered by both the sides. Previous criminal history of applicants 1 and 2 have already been explained. Applicants have admittedly cooperated during investigation whereafter charge sheet has been filed. At this stage instigator of altercation cannot be determined. 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. List this case on 16.05.2025, as fresh, along with service report. 9. Objections may be filed in the meantime. 10. In view of above, interim anticipatory bail is granted to applicants providing that in the event of arrest, applicants Rajeshvar, Mandeep, Usha Devi and Phool Chand Yadav shall be released on bail on each of them furnishing a personal bond and two sureties of the like amount to the satisfaction of court concerned subject to 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 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. " It is not disputed at the bar that the applicants have duly cooperated in the investigation as well as after filing of the charge-sheet in the case. They have not misused the liberty of interim anticipatory bail granted by this Court. They undertake to further cooperate in the trial and in case, they are enlarged on anticipatory bail, they shall not misuse the liberty of same. 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 applicants have not misused the liberty of interim anticipatory bail granted by this Court coupled with the undertaking given by the applicants that he will cooperate in the trial, the interim protection granted by this Court vide order dated 30.4.2025 is made absolute in view of the judgement of the Apex Court in re: Musheer Alam vs. State of U.P. and another, decided on 17.01.2025 vide S.L.P. (Crl.) No. 18081 of 2024. In view of the aforesaid, the anticipatory bail application is allowed. Order Date :- 11.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench