HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 471 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri. Shailendra Kumar Tiwari, the learned counsel for the applicant, Sri Rajesh Kumar Singh, learned A.G.A.-I appearing on behalf of the State and Sri Girish Kumar Tiwari, the learned counsel for the complainant. 2. The applicant was granted anticipatory bail by means of the following order passed on 28.05.2025 by a Coordinate Bench of this Court: "1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party no.1-State as well as Mr. Girish Kumar Tiwari, learned counsel for informant and perused the record. 1A. Rejoinder affidavit filed today is taken on record. 2. Anticipatory Bail Application has been filed with regard to Case Crime No.146 of 2024, under Sections 498A, 323, 307, 313, 504, 506 IPC. and Sections 3 & 4 D.P. Act, P.S. Godamba, District Lucknow. 3. As per contents of first information report, incident is said to have taken place on 12.03.2024 when the husband of informant Ravindra Singh in an altercation attacked the informant with a knife due to which she sustained severe injuries. Co-accused- Nishtha @ Niti is said to have assisted in the said attacked. 4. Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him which could be evident from the fact that a minor domestic dispute turned into a full-fledged altercation in which not only the informant but the applicant also was injured. Learned counsel has drawn attention to his own medical report dated 13.03.2024 to submit that he also has sustained injuries by reportedly sharp edged weapon. It is submitted Versus Counsel for Applicant(s) : Akash Shukla, Arvind Kumar Pandey, Sanjay Kumar Pathak, Saumya Srivastava, Shailendra Kumar Tiwari Counsel for Opposite Party(s): G.A., Girish Kumar Tiwari Ravendra Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Sectt. Lko And Another .....Opposite Party(s) that the injury report of the informant brought on record by counter affidavit is of 21.04.2024 and therefore does not corroborate allegations levelled against applicant. It is submitted that investigation still ongoing in which applicant undertakes to cooperate. 5. Learned Additional Government Advocate and learned counsel for informant have opposed anticipatory bail application with the submission that as per case-diary, statement of Dr. Mohd. Sakir has been recorded which indicates that the informant was examined on 13.03.2024 and indicate stab wound in the stomach of the informant which clearly corroborates allegations levelled against applicant. It is however admitted that investigation still ongoing and applicant does not have any previous criminal history. Learned AGA submits that applicant is not cooperating in the investigation. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that in an altercation entered into between husband and wife, grievous injuries have been suffered by both the parties as evident from medical reports. The aspect of instigator of the altercation remains to be established during investigation which is still ongoing and in which applicant undertakes to cooperate. 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 interim anticipatory bail to applicant under Section 438 Cr.P.C./482 BNSS. 7. List this case on 09.07.2025. 8. Learned counsel for informant is granted liberty to file objections in the meantime. 9. Learned AGA shall obtain instructions by next date of listing regarding cooperation by applicant in the investigation. 10. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Ravendra Singh shall be released on interim anticipatory bail on his/her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned subject to 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; 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" 3. The State has filed a counter affidavit annexing therewith copies of material collected during investigation but there is no allegation of misuse of the liberty of granting interim anticipatory bail to the applicant. The learned A.G.A-I has submitted that the investigation stands concluded and a charge-sheet has already been submitted on 29.06.2025. 4. The learned counsel for the applicant has filed a rejoinder affidavit. ABAIL No. 471 of 2025 2 5. The learned counsel for the complainant has not filed any counter affidavit. 6. In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate bench of this Court on 28.05.2025 granting anticipatory bail to the applicant. 7. In view of above, the interim order dated 28.05.2025 is made absolute and the anticipatory bail application is allowed. September 15, 2025 Preeti. ABAIL No. 471 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench