HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 547 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri. Shashank Shekhar Singh, the learned counsel for the applicant, Sri Manish Vikram Singh Chauhan, 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 22.05.2025 by a Coordinate Bench of this Court: " Heard learned counsel for applicant, learned A.G.A. for State and perused the record. Issue notice to opposite party no.2. First anticipatory bail application has been filed with regard to case crime No.36 of 2025, under Section 191(2), 115(2), 352, 351(2), 109(1) of BNS, P.S. Sadatganj, District Lucknow. As per contents of F.I.R., the incident is said to have taken place on 08.02.2025 between 1.00 to 2.00 P.M. when the applicant alongwith co- accused is said to have attacked and inflicted injuries upon the informant and his friends and family members. Learned counsel for applicant submits that the applicant has been falsely implicated in the charges levelled against him which would be evident from the statement of injured Zaid who in fact has taken the name of Chand as having the role in firing upon Shahnawaj. It is submitted that neither in the F.I.R. nor in the statement of injured as any role attributed to applicant which would Versus Counsel for Applicant(s) : Devendra Pratap, Shashank Shekhar Singh Counsel for Opposite Party(s): G.A. Shanu .....Applicant(s) State Of U.P. Thru Sec. Home Department .....Opposite Party(s) correspond to imputation of Section 109(1) BNS. It is submitted that he without any previous criminal history undertakes to cooperate in the investigation. Learned A.G.A. as well as learned counsel for informant have opposed bail application with submission that applicant is not cooperating in investigation due to which charge sheet against him could not be filed. Learned counsel for informant has drawn attention to the F.I.R. to submit that role of applicant is clearly made out. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that the injury report does not indicate any injury upon Shahnawaj but indicate simple injury upon Mohd. Zaid who in his statement has not assigned any specific role to the applicant which may correspond to section 109(1) BNS. The applicant is ready and willing and undertakes to cooperate in the investigation. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail. Let the accused-applicant Shanu as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of 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 cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. (ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. Connect and list alongwith the Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.453 of 2025, as fresh along with service report. ABAIL No. 547 of 2025 2 Objections may be uploaded by the next date of listing. The applicant is directed to appear before the Investigating Officer on 26.05.2025 at 2.00 P.M. Learned A.G.A. shall obtain instructions by the next date of listing with regard to cooperation of applicant in the investigation." 3. The State has filed a counter affidavit annexing therewith copies of material collected during investigation but there is no allegation of misuse of the liberty of granting interim anticipatory bail to the applicant. 4. The learned counsel for the applicant has stated that the main co- accused Chand against whom allegation of firing was levelled has already been granted bail by means of an order dated 21.07.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No. 3197 of 2025. Another co-accused Kasim @ Munna has also been granted bail by means of an order dated 16.06.2025 passed by a Coordinate Bench of this Court in Criminal Misc. Bail Application No. 2775 of 2025. 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 22.05.2025 granting anticipatory bail to the applicant. 6. In view of above, the interim order dated 22.05.2025 is made absolute and the anticipatory bail application is allowed. September 15, 2025 Preeti. ABAIL No. 547 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench