HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 444 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Shailendra Kumar Tiwari, the learned counsel for the applicant, Smt. Kamlesh Kumari, the 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 15.05.2025 by a Coordinate Bench of this Court: "1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1-State while power on behalf of opposite party no.2, informant filed today by Mr. Shaikh Waliuz Zaman, Advocate is taken on record. 2. First Anticipatory Bail Application has been filed with regard to Case Crime no.0057 of 2025, under Sections 191(2), 191(3), 190, 115(2), 352, 351(3), 109 B.N.S., Police Station Udaipur, District Pratapgarh. 3. As per contents of first information report, the incident is said to have taken place on 19.04.2025 at about 8.00 p.m. when applicant along with co-accused are said to have attacked and inflicted serious injuries upon informant and his brothers. It is also indicated in the F.I.R. that attack took place on account of an earlier F.I.R. which was lodged against applicant and his family members with regard to an incident of same day at about 12.00 P.M. 4. Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him merely on account of political rivalry. It is submitted that a bare perusal of F.I.R. along with statement of injured clearly indicates that Versus Counsel for Applicant(s) : Shailendra Kumar Tiwari, Ramakar Shukla Counsel for Opposite Party(s) : G.A., Sheikh Wali Uz Zaman Badri Prasad Jaiswal .....Applicant(s) State Of U.P. Thru.Prin. Secy. Home Lko. And Another .....Opposite Party(s) general role has been indicated with regard to inflicting injuries and that there is no specific allegation against applicant of having inflicted any injury whereas injury report clearly indicates only a single lacerated wound on the injured. It is submitted that applicant has previous criminal history of two cases which has been explained and he is ready and willing to cooperate in investigation. 5. Learned Additional Government Advocate has opposed anticipatory bail with submission that applicant is not cooperating in the investigation due to which non- bailable warrant has been issued against him. It is however, admitted that applicant's previous criminal history has been explained. 6. Learned counsel for informant has opposed anticipatory bail with submission that applicant being Village Pradhan should have exercised restraint even in case of an altercation and should not have been instrumental in instigating a break in law and order. It is submitted that applicant's involvement is clearly indicated in F.I.R. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that general allegations of inflicting injuries have been made in the F.I.R. as well as in the statement of injured. Investigation is still ongoing 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 anticipatory bail to applicant under Section 438 Cr.P.C./482 BNSS. 8. List this case on 05.06.2025, as fresh, showing name of Mr. Shaikh Waliuz Zaman also as counsel for opposite parties. 9. Objections may be filed in the meantime. 10. Applicant is directed to appear before the investigating officer on 20.05.2025 at 02.00 P.M. 11. Learned Additional Government Advocate shall obtain instructions with regard to applicant's cooperation in investigation, by the next date of listing. 12. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Badri Prasad Jaiswal shall be released on 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 NABAIL No. 444 of 2025 2 him 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 opposite party no.2 has not filed any counter affidavit. 4. The State has filed a counter affidavit annexing therewith copies of material collected during investigation. He has not alleged any allegation of 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 15.05.2025 granting anticipatory bail to the applicant. 6. In view of above, the interim order dated 15.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 19, 2025 Preeti NABAIL No. 444 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench