Neutral Citation No. - 2025:AHC-LKO:26189 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 411 of 2025 Applicant :- Vivek Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home (Crime And Investigation Deptt.) Lko. Counsel for Applicant :- Sheo Prakash Singh,Vishnu Prakash Srivastava 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 -State. 2. First Anticipatory Bail Application has been filed with regard to Case Crime no.0313 of 2024, under Section 391(2), 115(2), 324(4), 121(1), 132/109 B.N.S, Section 3/4 the Prevention of Damage to Public Property Act and Section 7 Criminal Law Amendment Act, 1932, Police Station Leelapur, District Pratapgarh. 3. As per contents of first information report, which does not nominate the applicant, incident is said to have taken place on 28.07.2024 at about 11.10 P.M. when the persons nominated therein alongwith four other unidentified persons are said to have attacked the employees of Electricity Division and inflicted injuries upon them. 4. It has been submitted that applicant has been falsely implicated in charges levelled against him which would be evident from fact that he is not named or identified in the FIR and his name has been including only during the course of investigation on the basis of subsequent statement of informant and injured. 5. Learned Additional Government Advocate has opposed anticipatory bail with submission that applicant has subsequently been identified by the injured in his statement. It is submitted that investigation is still ongoing. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that applicant was not nominated in the FIR nor any role attributable to him by the informant at the time of lodging of FIR and his name has surfaced subsequently. Investigation in the matter is still ongoing. Admittedly, applicant does not have any previous criminal history and undertakes to cooperate in the investigation. 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 BNSS. 7. In view of above, it is provided that till filing of police report u/s 173(2) Cr.P.C./193 BNSS in the event of arrest, applicant- Vivek Singh 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/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (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 :- 6.5.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench