HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 480 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Adarsh Shukla the learned counsel for the applicant, Sri Avishesh Kumar Singh, 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 19.05.2025 by a Coordinate Bench of this Court: "1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party no.1-State. 2. Issue notice to opposite party no.2. 3. 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) of B.N.S., P.S. Palia, District Lakhimpur Kheri. 4. As per contents of first information report, incident is said to have taken place on 05.12.2024 at about 07.30 P.M. when forest guards chanced upon applicant and co-accused illegally cutting wood from the Dudhwa Forest. It is stated that upon being intercepted, the applicant alongwith co-accused- Sachin @ Dablu attacked the guard inflicting injuries. 5. Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him which could be evident from the fact that with regard to same Range Case No.10 of 2024-25, there is no allegation levelled of applicant attacking or inflicting Versus Counsel for Applicant(s) : Adarsh Shukla Counsel for Opposite Party(s) : G.A. Govind .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) any injuries on the guards and that the said allegation has been levelled for the first time with the present FIR which was filed subsequently. It is submitted that even otherwise the entire allegation of causing injuries has been levelled upon co-accused- Sachin @ Dablu with applicant being indicated as holding only a sawing instrument. It is submitted that the investigation is still ongoing in which the applicant is cooperating. 6. Learned Additional Government Advocate has opposed anticipatory bail application with the submission that allegations clearly indicate complicity of applicant and also submits that the applicant is not cooperating in the investigation. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that there is certain discrepancy in the allegations levelled in the range case and in the present FIR with regard to same incident. It is also evident and admitted that application does not have any other previous criminal history. 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 interim anticipatory bail to applicant under Section 438 Cr.P.C./482 BNSS. 8. List this case on 10.06.2025, as fresh along with service report. 9. Objections may be filed in the meantime. 10. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Govind shall be released on interim anticipatory 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 him/her 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 NABAIL No. 480 of 2025 2 application for vacation of this order. 11. Applicant is directed to appear before the Investigating Officer on 23.05.2025 at 02.00 P.M. 12. Learned AGA shall obtain instructions with regard to applicant's cooperation in the investigation by next date of listing. " 3. The office has reported that the notice 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 opposing the anticipatory bail but 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 19.05.2025 granting anticipatory bail to the applicant. 6. In view of above, the interim order dated 19.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 19, 2025 Preeti NABAIL No. 480 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench