HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 528 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. Nobody is present on behalf of the applicant to press the instant application and no request for adjournment has been made. The learned A.G.A for the State is present. 2. The applicant was granted interim anticipatory bail by means of the following order passed on 27.05.2025 by a Coordinate Bench of this Court: "1. Heard learned counsel for applicant, learned Additional Government Advocate appearing on behalf of opposite party no.1-State and perused the record. 2. Issue notice to opposite party no.2. 3. First Anticipatory Bail Application has been filed with regard to Case Crime No.0026 of 2025, under Sections 191(2), 191(3), 352, 351(3), 288, 324(4), 223(b), 331(6) BNS, P.S. Shriduttganj, District Balrampur. 4. As per contents of first information report, incident is said to have taken place on 20.03.2025 at about 11.00 P.M. when the applicant alongwith co- accused is said to have attacked the informant and his family members and intimidated them. Allegation of firing has also been levelled. 5. Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him only on account of previous enmity. It is submitted that only general allegations have been levelled without any specific role assigned to the applicant of having fired. It is submitted that Versus Counsel for Applicant(s) : Shamshad Ahmad Khan Counsel for Opposite Party(s) : G.A. Ziyaul Haque Qazi @ Yushu Qazi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Homr Lucknow And Another .....Opposite Party(s) even otherwise there is no injury either be informant or his family members. Applicant does not have any previous criminal history and undertakes to cooperate in the investigation which is till ongoing. 6. Learned Additional Government Advocate has opposed anticipatory bail application and submits that applicant is not cooperating in the investigation. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that only general role has been assigned to the applicant in having participated in the attack. There does not appear to the any specific role assigned to the the applicant of firing. The applicant undertakes to cooperate in the investigation and does not have any previous criminal history. 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 interim anticipatory bail to applicant under Section 438 Cr.P.C./482 BNSS. 8. List this case on 08.07.2025, as fresh, along with service report. 9. Objections may be filed in the meantime. 10. In view of above, interim anticipatory bail is granted to applicant providing that in the event of arrest, applicant- Ziyaul Haque Qazi @ Yushu Qazi shall be released on interim anticipatory 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/her from disclosing such facts to the court or to any police officer or tamper with the 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. 11. Applicant is directed to appear before the Investigating Officer on 30.05.2025 at 02.00 P.M. NABAIL No. 528 of 2025 2 12. Learned AGA shall obtain instructions by next date of listing regarding cooperation by applicant in the investigation. " 3. The office has reported on 07.07.2025 that the notice issued to the opposite party no.2 has been served personally but neither the opposite party no.2 nor the State has filed any counter affidavit opposing the anticipatory bail application. 4. 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, nothing has come to light which may persuade this Court to take a view different from the view taken by a Coordinate Bench of this Court on 27.05.2025 granting interim anticipatory bail to the applicant. 6. In view of above, the interim order dated 27.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 22, 2025 Preeti NABAIL No. 528 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench