Neutral Citation No. - 2025:AHC-LKO:26747 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 405 of 2025 Applicant :- Sabir @ Kallan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Dilip Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. Supplementary affidavit filed today is taken on record. Heard learned counsel for applicant and learned A.G.A. for State-opposite party No.1. In view of order being passed, notice to opposite party No.2 stands dispensed with. First anticipatory bail application has been filed with regard to case crime No. 15 of 2025 under Section 303(2), 317(2), 317(4) BNS, P.S. Kotwali Nagar, District Pratagarh. As per contents of F.I.R., the incident is said to have taken place in the intervening night of 3rd and 4th January, 2025 when unidentified persons are said to have looted the goats of the informant. It is submitted that applicant has been falsely implicated in the charges levelled against him which would be evident from the fact that he is neither named in the F.I.R. nor has any allegation levelled against him and his name has been introduced only on the basis of alleged confessional statement of co-accused. It is submitted that previous criminal history of ten cases have been explained in the affidavit and in the supplementary affidavit. Learned A.G.A. has opposed bail application but does not dispute the said facts. On the basis of instructions submits that investigation against the applicant is still pending. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that F.I.R. has been lodged against unidentified persons and as yet applicant's name has been introduced only on the basis of alleged confessional statement of co-accused. Investigation against the applicant is yet pending. Previous criminal history of applicant has already been explained. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, it is provided that in the event of arrest, the applicant- Sabir @ Kallan shall be released on anticipatory bail in the aforesaid Case Crime number on his 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:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. The application stands allowed. Order Date :- 7.5.2025 prabhat Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- PRABHAT KUMAR High Court of Judicature at Allahabad, Lucknow Bench