HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 470 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Neeraj Singh, the learned counsel for the applicant, Sri Mohd. Asif Khan, the learned A.G.A.-I 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 by a coordinate Bench of this Court on 16.05.2025: "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.227 of 2024, under Sections 115(2), 127(2), 191(2), 193(3), 308(5), 324(5), 351(2), 352 of B.N.S., P.S. Asoha, District Unnao. 4. As per contents of first information report, incident is said to have taken place on 06.11.2024 at about 07.00 P.M. when the nominated persons alongwith 10 to 12 unidentified persons are said to have attacked and destroyed heavy machinery belonging to informant which was allegedly being used for construction of express way. 5. Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him which is evident from the fact that he is neither nominated in the FIR nor has any allegation been levelled against him and has been nominated only on account of Versus Counsel for Applicant(s) : Neeraj Singh Counsel for Opposite Party(s) : G.A. Pushpendra Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) confessional statement of witness. It is submitted that the other persons nominated in similar manner with the applicant have already been enlarged on bail and anticipatory bail as have been brought on record. It is submitted that applicant is ready and willing to cooperate in investigation which is still ongoing. 6. Learned Additional Government Advocate has opposed anticipatory bail but does not dispute the said facts. It is however admitted that 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 applicant has not been nominated in the FIR nor has any specific allegations being levelled against him. His name appears to have been introduced on the basis of statement of witnesses. He undertakes to cooperate in the investigation. Previous criminal history of applicant has already been explained. 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 04.06.2025, 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 Pushpendra Singh 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 application for vacation of this order. 11. Applicant is directed to appear before the Investigation Officer on 21.05.2025 at 02.00 P.M. NABAIL No. 470 of 2025 2 12. Learned AGA shall obtain instructions by next date of listing regarding cooperation of applicant in the investigation." 3. The State has filed a counter affidavit annexing therewith copies of material collected during investigation. The applicant has filed a rejoinder affidavit. 4. The learned A.G.A.-I could not point out any misuse of interim anticipatory bail granted to the applicant. 5. No material has come to light which may persuade this court to take a view different from the one taken by the coordinate Bench. 6. In view of above, the interim order dated 16.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid interim order. September 19, 2025 Ram. NABAIL No. 470 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench