Neutral Citation No. - 2025:AHC-LKO:45305-DB Court No. - 10 Case :- CRIMINAL APPEAL No. - 1628 of 2025 Appellant :- Arpit Singh Respondent :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Affairs Lko Counsel for Appellant :- Rudra Mani Shukla Counsel for Respondent :- G.A. Hon'ble Rajnish Kumar,J. Hon'ble Rajeev Singh,J. 1. Heard Shri Rudra Mani Shukla, learned counsel for the appellant and Shri S.P. Singh, learned A.G.A. for the respondent. 2. The present appeal has been filed under Section 21(4) of National Investigation Agency Act, 2008 against the order dated 06.05.2025 passed by Special Judge, NIA/ Additional Sessions Judge, Lucknow in Bail Application No. 2533 of 2025 arising out of F.I.R. No. 88 of 2025, under Sections 109(1), 191(2), 115(2), 190, 191(3), 324(4), 351(3), 352 B.N.S. read with Section 4/5 Explosive Substance Act, P.S. Govind Nagar, District Kanpur, by means of which, the second anticipatory bail application was rejected. 3. Learned counsel for the appellant submits that the 1st application for anticipatory bail filed before the District & Sessions Judge, Kanpur Nagar was disposed of vide order dated 05.04.2025 by observing that the jurisdiction of Explosive Substance Act, 1908 is with the Special Judge, NIA, Lucknow. 4. Learned counsel for the appellant further submits that the appellant has falsely been implicated in the present case due to some quarrel, which had taken place in between the parties, on account of which, the F.I.R. has been lodged from the side of appellant. It is also submitted that in the said incident, both the sides have suffered injuries. Learned counsel for the appellant vehemently submits that though a CCTV footage of the incident has been found, but the appellant has not been recognized in the said CCTV footage. It is next submitted that no particle of exploded bomb has been found from the site. Neither the appellant has been arrested till today nor he has misused the liberty granted by the Investigating Officer. Thus, the submission of the learned counsel for the appellant is that without considering all these facts, the application for anticipatory bail has been rejected by the Special Judge, NIA, Lucknow by means of the impugned order. It is lastly submitted that the appellant, who has no criminal history, is entitled for protection of this Court under the provisions of anticipatory bail and the present appeal may be allowed. 5. Learned counsel for the respondent, though opposes the prayer for anticipatory bail, but could not contradict the aforesaid submissions. 6. Having considered the submissions of the learned counsel for the appellant, learned A.G.A. and going through the record as well as the fact that there are cross cases, in which, both the sides have suffered injuries and there is no criminal history of the appellant, we are of the view that a case for anticipatory bail is made out and the impugned order dated 06.05.2025, which has been passed without considering the aforesaid facts, is liable to be set aside. 7. Impugned order dated 06.05.2025 passed by Special Judge, NIA/ Additional Sessions Judge, Lucknow in Bail Application No. 2533 of 2025 arising out of F.I.R. No. 88 of 2025, under Sections 109(1), 191(2), 115(2), 190, 191(3), 324(4), 351(3), 352 B.N.S. read with Section 4/5 Explosive Substance Act, P.S. Govind Nagar, District Kanpur is hereby set aside. 8. The appeal stands allowed. 9. In the event of arrest of the appellant, namely, Arpit Singh in the aforesaid case, he shall be released forthwith by the Station House Officer of the police station concerned, on his furnishing personal bond of Rs.25,000/-, with the following conditions:- (i) That the accused-appellant shall make himself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) The accused-appellant 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 from disclosing such facts to the court or to any police officer; and (iii) The accused-appellant shall not leave India without the previous permission of the Court. 10. However, it is directed that the appellant will join and participate in each and every aspect of Investigation and will lend full assistance to the Investigating Agency, even with regard to 'discovery of fact' if and when required so by the Investigating Agency. Order Date :- 5.8.2025 VKS Digitally signed by :- VIVEK KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench