HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 421 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Adarsh Shukla, the learned counsel for the applicant, Sri , learned A.G.A. appearing on behalf of the State and perused the records. 2. The applicant was granted interim anticipatory bail by means of the following order passed on 07.05.2025 by a Coordinate Bench of this Court: "1. Heard learned counsel for applicant and learned A.G.A. for opposite party no.1-State. Issue notice to opposite party no.2. 2. First anticipatory bail application has been filed with regard to case crime No.395 of 2024, under Sections 115(2), 131, 132, 352, 351(2), 121(2) BNS, P.S. Palia, District Lakhimpur Kheri. 3. As per contents of first information report, the incident is said to have taken place on 05.12.2024 at about 07.30 P.M. when the forest guards chanced upon the persons nominated in the FIR illegally cutting wood from the Dudhawa Forest. It is stated that upon being intercepted, some of the nominated persons attacked the guards inflicting injuries thereupon. 4. It has been submitted by learned counsel for applicant that applicant has been falsely implicated in charges levelled against him which could be evident from the fact that there is no allegation levelled against him for having caused any injury upon any of the guards which role has in fact been attributed upon co-accused Sachin @ Dablu and Govind. It is submitted that applicant has not been apprehended from the spot nor is there any recovery from him and has been nominated only on the basis of alleged confessional statement of co- accused. It is submitted that applicant does not have any previous criminal history and is cooperating in the investigation. Versus Counsel for Applicant(s) : Adarsh Shukla Counsel for Opposite Party(s) : G.A. Kulwinder .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 5. Learned A.G.A. has opposed anticipatory bail application but does not dispute the aforesaid facts. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, it appears that applicant has been nominated only on the basis of alleged confessional statements of persons who were apprehended from the site. There does not appear to be any allegation levelled against him of having caused any injury to any of the guards. Investigation is yet continuing. 7. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected, in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./ 482 BNSS. 8. Connect and list this case alongwith Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No. 390 of 2025. 9. Objections may be filed in the meantime. 10. In view of above, interim anticipatory bail is granted to applicant provided that in the event of arrest, the applicant- Kulwinder shall be released on anticipatory bail in the aforesaid Case Crime number on his/her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned subject to following conditions:- (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant(s) shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant(s) shall not tamper with the evidence during the trial; (v) that the applicant(s) shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant(s) shall appear before the trial court on each date fixed NABAIL No. 421 of 2025 2 unless personal presence is exempted; (vii) that in case of breach of any of the above conditions, benefit of this order would not be available to applicant(s)." 3. The Sate has filed a counter affidavit opposing the anticipatory bail but the learned A.G.A has not pointed out any misuse of the liberty of granting interim anticipatory bail to the applicant. 4. The office has reported that notice has been served to the opposite party no.2 stands served but the opposite party no.2 has not filed any counter affidavit. 5. 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 07.05.2025 granting anticipatory bail to the applicant. 6. In view of above, the interim order dated 07.05.2025 is made absolute and the anticipatory bail application is allowed. September 18, 2025 Preeti NABAIL No. 421 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench