HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 489 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Shivam Kumar Mishra, learned counsel for the applicant and Shri Ashok Kumar Srivastava, learned A.G.A. for the State. 2. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 23.05.2025 : "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 informant has been filed by Mr. Dinesh Kumar Singh, Advocate, which is taken on record. 2. Supplementary affidavit filed today is taken on record. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.70 of 2025, under Sections 333, 352, 118(1), 115(2) & 109 B.N.S. , P.S. Paraspur, District Gonda. 4. As per contents of first information report, the incident is said to have taken place on 20.02.2025 at about 07.00 A.M. when applicant along with co-accused is said to have attacked and seriously injured informant's family members. 5. Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him which would be evident from fact that although role of firing has been assigned to applicant, there is no fire arm injury on any of the injured. It is submitted that even injuries suffered are simple in nature. It is submitted that previous criminal history of one case against applicant has been explained and applicant undertakes to cooperate during course of investigation which is still Versus Counsel for Applicant(s) : Madan Gopal Tripathi, Laxman Singh, Shivam Kumar Mishra, Ujjwal Mishra Counsel for Opposite Party(s) : G.A., Dinesh Kumar Singh Jay Prakash @ Pappu .....Applicant(s) The State Of U.P. Thru. The Prin. Secy. Home Deptt. Lko. .....Opposite Party(s) ongoing. It is submitted that present first information report is in fact a counterblast to first information report lodged against informant and his family members which was registered on the same day as Case Crime No.64 of 2025. 6. Learned Additional Government Advocate has opposed anticipatory bail but admits that investigation in the matter is still ongoing in which applicant is not cooperating. 6A. Learned counsel for informant has opposed anticipatory bail with submission that there is specific videography and photographs taken of the incident in which applicant is clearly seen as having opened fire, however, due to which his own family members sustained fire arm injuries. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that although the role of firing has been assigned to applicant, at this stage there does not appear to be any fire arm injury having been caused. The aspect of first information report being lodged as a counterblast would also require consideration. Applicant's previous criminal history has been explained and he 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. List this case on 04.07.2025, as fresh, showing the name of Mr. Dinesh Kumar Singh as counsel for opposite parties. 9. Objections may be filed in the meantime. 10. Applicant is directed to appear before the Investigating Officer on 28.05.2025 at 2.00 P.M. 11. Learned Additional Government Advocate shall obtain instructions by the next date of listing regarding cooperation of applicant in the investigation. 12. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant Jay Prakash @ Pappu shall be released on interim 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 from disclosing such facts to the court or to any police officer or tamper with the NABAIL No. 489 of 2025 2 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. Although the opposite parties were granted opportunity to file a counter affidavit, no counter affidavit / objections have been filed till date. 4. The learned A.G.A. does not allege violation of any condition of interim anticipatory bail granted to the applicant. 5. Keeping in view of the aforesaid facts and circumstances, there is nothing which may persuade this Court from taking a different view than the one taken by the Co-ordinate Bench of this Court while granting interim anticipatory bail to the applicant. 6. Accordingly, the anticipatory bail application is allowed. The interim order dated 23.05.2025 is made absolute in terms of the aforesaid order. September 8, 2025 S. Shivhare NABAIL No. 489 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench