Neutral Citation No. - 2025:AHC-LKO:28383 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 445 of 2025 Applicant :- Prashant Tiwari @ Prashant Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Pranav Pandey 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 no.1. 2. In view of order being passed in this petition, notices to opposite party no.2 stand dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.375 of 2024 under sections 191(2), 308(5), 352, 351(2), 351(3) of BNS, P.S. Achalganj, District Unnao. 4. As per contents of first information report, the incident is said to have taken place on 04.12.2024 at about 02.00A.M. when a dumper belonging to informant and utilized for the purposes of mining was allegedly intercepted by applicant and co-accused who sought Rs.10,000/- as extortion for purposes of permitting mining. 5. It has been submitted that applicant has been falsely implicated in allegations levelled against him only on account of previous enmity and that a perusal of F.I.R. clearly indicates that neither any injury was caused nor any extortion money was actually paid. It is submitted that applicant does not have any previous criminal history and undertakes to cooperate in investigation. 6. Learned Additional Government Advocate has opposed anticipatory bail but admits that investigation is still ongoing and there is noting adverse with regard to applicant's cooperation in the same. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that although allegations of extortion have been levelled but they are general in nature. The F.I.R. does not indicate actual payment of amount or any injury being suffered by any of the persons. Applicant does not have any previous criminal history and undertakes to cooperate in 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. 8. In view of the 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 Prashant Tiwari @ Prashant Kumar 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 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. 9. The application stands disposed of. Order Date :- 15.5.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench