HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 439 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. Nobody is present on behalf of the applicant to press the instant application and no request for adjournment of the case has been made. Smt. Kamlesh Kumari, the learned A.G.A for the State is present. 2. The applicant was granted interim anticipatory bail by means of the following order passed on 12.05.2025 by a Coordinate Bench of this Court: "Heard learned counsel for applicant and learned A.G.A. for State-opposite party. Issue notice to opposite party No.2. First anticipatory bail application has been filed with regard to case crime No. 536 of 2024, under Section 303(2) BNS, P.S. Lalganj, District Pratapgarh. As per contents of F.I.R. in which the applicant is not named, allegation levelled is of stealing away buffaloes of the informant. A person whose mobile number has been indicated allegedly threatened the informant. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him only in view of the fact that the mobile number indicated in the F.I.R. belongs to him. It is submitted that neither is there any eye witness account nor is recovery from the applicant whose previous criminal history of one case has been duly explained. It is submitted that the applicant had cooperated during investigation. Versus Counsel for Applicant(s) : Firoz Ahmad Khan Counsel for Opposite Party(s) : G.A. Muhim .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Learned A.G.A. has opposed bail application but does not dispute the said facts. 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 the mobile number indicated in the F.I.R. belongs to the applicant but there is neither any eye witness account nor any recovery from the applicant. It is submitted that the applicant had cooperated during investigation thereafter charge sheet has been filed. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail. Let the accused-applicant Muhim as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:- (i) That the accused-applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. (ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. List this case on 13th June, 2025 as fresh along with service report. Objections may be filed in the meantime. " 3. The office has reported that the notice issued to the opposite party no.2 stands served personally but the opposite party no.2 has not put in appearance to oppose the anticipatory bail application. 4. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet NABAIL No. 439 of 2025 2 dated 20.02.2025. The learned A.G.A has not alleged any misuse of the liberty of granting interim anticipatory bail to the applicant. 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 12.05.2025 granting anticipatory bail to the applicant. 6. In view of above, the interim order dated 12.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 19, 2025 Preeti NABAIL No. 439 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench