HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 539 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 application nor any request for pass over or adjournment has been made. 2. The applicant was granted interim anticipatory bail by means of the following order passed by a coordinate Bench of this Court on 28.05.2025: "Heard learned counsel for applicants 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. 497 of 2024 under Section 3(5), 110, 115(2), 118(1), 351(3), 324(4) BNS P.S. Masauli, District Barabanki. At the very out set applicant No.1 Dharam Pal is granted liberty to approach the trial court for grant of regular bail in the light of judgment in the case of Satender Kumar Antil v. Central Bureau of Investigation, 2022 SCC OnLine SC 825 in case same is applicable. Anticipatory bail application is therefore being considered only with regard to applicants 2 and 3 Vijay Pal and Anand Pal alias Uttam. As per contents of F.I.R., incident is said to have taken place on 6th December, 2024 at about 11.30 A.M. when the persons nominated in the F.I.R. allegedly attacked and inflicted serious injuries upon the informant. Versus Counsel for Applicant(s) : Sumit Kumar Counsel for Opposite Party(s) : G.A. Dharam Pal And 2 Others .....Applicant(s) State Of U.P. Thru Prin. Secy. Home Lko. And Another .....Opposite Party(s) Learned counsel for applicant submits that applicant has been falsely implicated in allegations levelled against him and that neither in the F.I.R. nor in the statement of injured has any specific role attributed to either of the two applicants. It is submitted that applicants do not have any previous criminal history and are cooperating in the investigation. Learned A.G.A. has opposed bail application with submission that charge sheet in the matter has already been filed and the applicants do 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 so far as applicants are concerned, there is no specific allegation levelled against them either in the F.I.R. or even in the statement of injured regarding any injury being caused upon him by the applicants. The applicants do not have any previous criminal history and there is nothing adverse with regard to their cooperation 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-applicants Dharam Pal, Vijay Pal and Anand Pal alias Uttam 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-applicants 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-applicants 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 7th July, 2025 along with service report. Objections may be filed in the meantime." NABAIL No. 539 of 2025 2 3. The office has reported that notice issued to the opposite party no.2 has been served personally, but the opposite party no.2 has not put in appearance to oppose the application. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of charge sheet dated 13.05.2025. 4. The learned A.G.A. could not point out any misuse of interim anticipatory bail granted to the applicant. 5. No material has come to light which may persuade this court to take a view different from the one taken by the coordinate Bench. 6. 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 aforesaid order. September 19, 2025 Ram. NABAIL No. 539 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench