HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 501 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Avinash Srivastava, 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 22.05.2025 by a Coordinate Bench of this Court: "Heard learned counsel for applicant and learned A.G.A. for State-opposite party No.1. Issue notice to opposite party No.2. First anticipatory bail application has been filed with regard to case crime No. 10 of 2025 under Section 191(2), 191(3), 352, 351(3), 354(4), 109 BNS P.S. Jethwara, District Pratapgarh. As per contents of F.I.R., on 22nd January, 2025 at about 2.30 P.M., two unknown persons threw a chit at the applicant bearing mobile number which upon being contacted, the applicant was abused verbally and on the next date five persons including the applicant are alleged to have attacked and severely injured the applicant and his cousin brother. Firing is also said to have taken place. It is submitted that applicant has been falsely implicated in allegations levelled against him and the contents of F.I.R. itself are highly improbable and absurd. Versus Counsel for Applicant(s) : Ashok Kumar Srivastava, Avinash Srivastava Counsel for Opposite Party(s): G.A. Sabir Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) It is submitted that only general allegations of causing injuries have been levelled without any specific role being assigned to applicant. It is also submitted that no fire arm injury has been caused to either of the informant or his cousin brother. It is submitted that applicant undertakes to cooperate in the investigation which is still ongoing. It is submitted that previous criminal history of three cases have been duly explained. Learned A.G.A. has opposed bail application but does not dispute the said facts. It is submitted that investigation is still ongoing however the applicant is not cooperating in the investigation. 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 general allegations of attacking and inflicting injuries have been alleged without any specific role being assigned to the applicant. It appears that investigation is still ongoing and the applicant is not cooperating 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 Sabir Khan 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. List this case on 4th July, 2025 as fresh along with service report. NABAIL No. 501 of 2025 2 Objections may be filed in the meantime. The applicant is directed to produce himself before the investigating officer on 27th May, 2025 at about 2.00 P.M. Learned A.G.A. shall obtain instructions by the next date of listing regarding cooperation of applicant in the investigation." 3. The office has reported that the notice issued 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 annexing therewith copies of material collected during investigation and a copy of charge sheet dated 26.06.2025. 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 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 in terms of the aforesaid order. September 19, 2025 Preeti NABAIL No. 501 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench