Neutral Citation No. - 2025:AHC-LKO:5314 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 152 of 2021 Applicant :- Mahendra Pal Singh Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Pramod Kumar Singh,Sardul Vikram Swaroop Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant and learned AGA for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in FIR No. 376 of 2020, under Sections 188, 269, 147, 148, 307, 504, 506 IPC, Police Station Lambhua, District Sultanpur. The notice has been issued to opposite party no. 2 and as per office report, the same has been served upon him, but no one is present on behalf of opposite party no. 2/complainant. From perusal of the order sheet, it appears that on 08.01.2021, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. The present bail application under Section 438 Cr.P.C. has been filed for grant of anticipatory bail as the applicant is apprehending his arrest in connection with F.I.R. No.376 of 2020, under Sections 188, 269, 147, 148, 307, 504, 506 I.P.C., Police Station Lambhua, District Sultanpur. Learned counsel for applicant submits that at best only injury No.1, head injury could be treated as serious injury. X-ray report also does not find any serious injury. He further submits that allegation in the F.I.R. are general and vague. No specific role is assigned to the applicant. He further submits that applicant has no previous criminal history. Learned A.G.A., however, opposes the submissions advanced by learned counsel for the applicant and on the basis of instruction also could not show as to whether any specific role is assigned to any person. Considering the above aspects of the matter and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. till the next date of listing. Issue notice to opposite party No.2 returnable at an early date. Steps in this regard be taken within three days. Till the next date of listing, accused-applicant, namely, Mahendra Pal Singh, in the event of his arrest in connection with aforesaid case crime, shall forthwith be released on bail on furnishing a personal bond and two sureties in 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 make himself 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; and (iii) That the accused-applicant shall not leave India without the previous permission of the Court. The papers regarding bail submitted to the police officer on behalf of the accused/applicant shall form part of the case diary and would be submitted to the court concerned along with same at the time of submission of report under Section 173(2) Cr.P.C. Under Part-III, Chapter- XVIII, Rule-18[3(a)] of the Allahabad High Court Rules, 1952 (amended), a copy of the bail application along with its enclosures be provided to the learned A.G.A. by learned counsel for applicant, within two days from today, without fail. In the meantime, learned A.G.A. may also procure complete instructions in the matter and may also file counter affidavit as well as rejoinder affidavit, if any, may also be filed. List in the second week of February, 2021, on which date this bail application shall be finally disposed of." From perusal of the order dated 08.01.2021, it transpires that learned AGA has failed to demonstrate that there is any adversarial fact which is pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned AGA has also failed to submit any fact that the applicant is not cooperating with the investigation proceeding or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Mahendra Pal Singh till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/intimidate the prosecution witness. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 27.1.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench