HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 502 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Arvind Kumar Verma, 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 while power on behalf of opposite party No.2 has been filed by Mr. Praveeen Chandra Advocate, which is taken on record. First anticipatory bail application has been filed with regard to case crime No. 465 of 2024 under Section 3(5), 115(2), 131, 109 of BNS P.S. Mallawan, District Hardoi. As per contents of F.I.R., incident is said to have taken place on Ist November, 2024 at about 8.00 A.M. when the applicant alongwith co-accused is said to have attacked and inflicted injuries upon the informant and his family members. It is submitted that applicant has been falsely implicated in allegation levelled against him which would be evident not only from the contents of F.I.R. but also from the statement of injured which do not indicate any specific role upon the applicant of having inflicted injuries. It is submitted that even otherwise the Versus Counsel for Applicant(s) : Arvind Kumar Verma, Harish Kumar, Navneet Mishra Counsel for Opposite Party(s): G.A., Arjun Singh Somvanshi, Praveen Chandra Shiv Ratan Yadav .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) injuries suffered are simple in nature and did not attract the provisions of Sections 109 BNS. It is submitted that the alleged recovery of co-injured Ghanshyam is indicated in the F.I.R. from the house of Amresh Yadav, brother of informant but has been enlarged on bail by this Court in Criminal Misc. Bail Application No. 1352 of 2025. Learned A.G.A. as well as learned counsel for informant have opposed bail application with submission that complicity of applicant is quite evident from the contents of F.I.R. as well as statement of injured. Learned counsel for informant submits that injured Ghanshyam was actually recovered from the house of applicant's father in which the applicant also resides. Learned A.G.A. has submitted that applicant is not cooperating in the investigation due to which police report could not be filed. 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 as per the F.I.R. and the statement of injured, only general allegations have been levelled without indicating any specific role of the applicant at this stage. Investigation is yet ongoing in which applicant undertakes to cooperate. It is admitted that applicant does not have any previous criminal history. 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 Shiv Ratan Yadav 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 NABAIL No. 502 of 2025 2 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. " 3. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet dated 31.12.2024 filed against the other accused persons and it has been stated that the investigation against the applicant is still going on. 4. The opposite party no. 2 has put in appearance but has not filed any counter affidavit. 5. The learned A.G.A has not alleged any misuse of the liberty of granting interim anticipatory bail to the applicant. 6. 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. 7. 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. 502 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench