HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 503 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. Nobody has put in appearance on behalf of the applicant to press this anticipatory bail application which is pending since 20.05.2025. 2. In these circumstances, the Court proceeds to pass appropriate orders after going through the records with the assistance of Shri Ashok Kumar Shrivastava, learned A.G.A. for the State. 3. The applicant was granted interim anticipatory bail by means of the following order passed by the Co-ordinate Bench of this Court on 22.05.2025: "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. 231 of 2024 under Section 191(2), 191(3), 190, 115(2), 352, 351(2), 351(3), 288, 109, 110 of BNS P.S. Baghrai, District Pratapgarh. As per contents of F.I.R., incident is said to have taken place on 11th July, 2024 at about 8.30 P.M. when the applicant alongwith co-accused is said to have attacked and severely injured the informant. The role of firing upon the informant has also been attributed to the applicant. It is submitted that applicant has been falsely implicated in the allegation levelled against him which would be evident from the fact that although role of firing has been assigned to the applicant but there is no fire arm injury and the injury in fact suffered Versus Counsel for Applicant(s) : Ashwini Kumar Ojha, Nirmala Yadav Counsel for Opposite Party(s) : G.A. Amit Saroj @ Amit Kumar Saroj .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And Another .....Opposite Party(s) by the informant is simple in nature and mostly on non vital parts of the body. It is submitted that applicant does not have any previous criminal history and undertakes to cooperate in the investigation which is ongoing. Learned A.G.A. has opposed bail application with submission that role of firing has been attributed to the applicant. It is however admitted that investigation is still underway and applicant does not have any previous criminal history. 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 although role of firing has been attributed to the applicant but there is no fire arm injury and injuries in fact suffered are in simple in nature. Investigation is still ongoing in which the applicant undertakes to cooperate. 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 Amit Saroj @ Amit Kumar Saroj 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. Objection 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." NABAIL No. 503 of 2025 2 4. The learned A.G.A. does not allege violation of any condition of interim anticipatory bail granted to the applicant. 5. As per the office report dated 04.07.2025, notice issued to the opposite party No.2 stands served, but nobody has put in appearance on behalf of opposite party No.2 to oppose the anticipatory bail application. 6. 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. 7. Accordingly, the anticipatory bail application is allowed. The interim order dated 22.05.2025 is made absolute in terms of the aforesaid order. September 8, 2025 S. Shivhare NABAIL No. 503 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench