Neutral Citation No. - 2025:AHC-LKO:49224 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 598 of 2025 Applicant :- Govind Soni @ Gopal Soni Opposite Party :- State Of U.P. Thru. Prin. Secy. U.P. Lko. And Another Counsel for Applicant :- Anand Dubey,Vibhanshu Shekhar Singh Counsel for Opposite Party :- G.A.,Sujeet Kumar Sahu Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Anand Dubey, the learned counsel appearing on behalf of the applicant as well as Sri Jayant Singh Tomar, the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.51 of 2021 under Sections 147/323/504/308 I.P.C. registered at Police Station- Ram Janm Bhumi, District- Ayodhya. 3. By means of the following order dated 28.05.2025 passed by a Co-ordinate Bench of this Court, the applicant has been granted interim anticipatory bail :- "Heard learned counsel for applicant and learned A.G.A. for State-opposite party No.1 while power on behalf of informant has been filed by Mr. Sujeet Kumar Sahu,Advocate which is taken on record. First anticipatory bail application has been filed with regard to case crime No.51 of 2021, under Section 147, 323, 504, 308 IPC, P.S. Ram Janm Bhumi, District Ayodhya. As per contents of F.I.R., the incident is said to have taken place on 16.07.2021 at about 6.30 P.M. alongwith co-accused are said to have attacked and inflicted serious injuries upon the wife of informant. It is submitted that applicant has been falsely implicated in the charges levelled against him which would be evident from the statement of injured which does not indicate any specific role of applicant for inflicting any injury upon the injured. It is submitted that even the medical report does not corroborate allegations of any injury being suffered. It is submitted that applicant had cooperated during course of investigation whereafter charge sheet was filed but subsequently he being unaware of filing of charge sheet, non-bailable warrant process under section 82 Cr.P.C. was issued. The applicant undertakes to cooperate during process of trial. It is also submitted that applicant does not have any previous criminal history. Learned counsel for applicant has also placed reliance on judgment rendered by Supreme Court in the case of Asha Dubey versus State of Madhya Pradesh, Criminal Appeal No.4564 of 2024 to submit that it has been enunciated that even after process under Section 82 Cr.P.C. has been initiated, an anticipatory bail can be considered on its own merit. Learned A.G.A. has opposed bail application with submission that allegations levelled in the F.I.R. clearly indicate complicity of applicant and is also corroborated by the statement of injured. It is however admitted that applicant cooperated during course of investigation but subsequently non-bailable warrant and processes under Section 82 Cr.P.C. has been initiated. 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 allegation of applicant having inflicted injury have been made in the F.I.R., the same do not appear to be corroborated either by the statement of injured or even by the injury report. It is admitted that applicant had cooperated during course of investigation. The aspect of process under section 82 Cr.P.C. has already been enunciated by Supreme Court in the case of Asha Dubey (supra). 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 Govind Soni @ Gopal Soni 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 ABAIL No. 598 of 2025 2 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 this case alongwith Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.511 of 2025, as fresh showing the name of Mr. Sujeet Kumar Sahu, as learned counsel for informant. Objections may be filed in the meantime." 4. The State has filed a counter affidavit annexing therewith the copies of material collected during investigation and a charge-sheet submitted on 10.08.2021. 5. The complainant has filed a counter affidavit inter-alia stating that a proclamation under Section 82 Cr.P.C. was issued against the applicant and thereafter, proceedings under Section 83 Cr.P.C. were instituted against him on 08.05.2025, However, a bare perusal of a certified copy of the order dated 08.05.2025 annexed with the counter affidavit shows that initially the order order written in the order-sheet merely reads :- "8/5/25 पेश हुआ। अिभ० अंजनी उप०। शेष अिभ० अनु० िद० 22.5.25 को वास्ते शेष अिभ० जिरये सत्यम, कु मकु मा, रीमा NBW+82 CrPC पेश हो तथा अिभ० गोिवन्द सोनी के िवरुद्ध जारी NBW+82 CrPC का तािमला प्राप्त है अतः अिभ० गोिवन्द सोनी के िवरुद्ध NBW+83 की कायर्वाही अग्रसािरत की जाती है।" 6. It is apparent that initially the court had passed an order fixing the case for 22.05.2025 for issuance of a non-bailable warrant and proclamation under Section 82 Cr.P.C. and subsequently interpolation ABAIL No. 598 of 2025 3 has been made in the order-sheet. The interpolation has apparently been made in a different handwriting. Moreover, the applicant had already filed an application for anticipatory bail by the Session Judge, Ayodhya which was rejected on 16.04.2025 and thereafter, the applicant has filed anticipatory bail before this court on 26.05.2025. 7. There is nothing on record to indicate that a proclamation under Section 82 Cr.P.C. had been published in accordance with law and no averment in this regard has been made in the counter affidavit filed by the State. 8. In these circumstances, this Court finds no good ground to take a view different from the view taken by the Co-ordinate Bench of this Court at the time of granting interim anticipatory bail to the applicant on 28.05.2025 9. The learned counsel for the applicant states that the applicant has already furnished bail bonds. 10. In view of above, the interim order dated 28.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the order dated 28.05.2025. 11. The interpolation made in the order-sheet dated 08.05.2025 of the trial Court is apparent on the face of the record and it needs an inquiry to be conducted to find out the complete truth in this regard and to initiate proceedings against the person guilty, if any. 12. The District/Session Judge, Ayodhya is directed to hold an inquiry regarding the apparent interpolation made in the order dated 08.05.2025 and submit a report to this Court within a period of one month from today. 13. The Registry of this Court is directed to communicate this order to the District/Session Judge, Ayodhya for necessary compliance and submission of the report. ABAIL No. 598 of 2025 4 14. Although, the anticipatory bail application stands allowed. List this anticipatory bail application in the week commencing 06.10.2025 for consideration of the report of District and Session Judge, Ayodhya on record. . (Subhash Vidyarthi, J.) Order Date :- 21.8.2025/-Amit K- ABAIL No. 598 of 2025 5 Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench