Neutral Citation No. - 2025:AHC-LKO:34719 Court No. - 12 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 591 of 2025 Applicant :- Brij Mohan Verma @ Brijmohan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Neelam Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The applicant has moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No. 0170 of 2023, under Sections 418, 420, 467, 468, 471, 120-B, 504 & 506 I.P.C., Police Station Harraiya, District Balrampur. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. Learned counsel for the applicant submits that the applicant is a marginal witness in this case. It is further contended that the applicant's role is identical to that of co-accused Om Prakash, who was also a marginal witness. Co-accused Om Prakash was granted anticipatory bail by this Court vide order dated 03.09.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 591 of 2025. He seeks parity with the order of co-accused Om Prakash. It is also submitted that the applicant was earlier granted interim protection by the Division Bench of this Court vide order dated 10.10.2023 in Criminal Misc. Writ Petition No. 7844 of 2023. However, since the charge sheet has now been filed, the writ petition has been disposed of. The applicant now apprehends that upon his appearance before the trial court, he may be detained in custody until his regular bail application is decided. The applicant has never absconded, has fully cooperated during the investigation, and undertakes to cooperate in the trial proceedings. Learned AGA has opposed the anticipatory bail application. Upon due consideration of the role assigned to the applicant; the offence being triable by a Magistrate; the fact that co- accused Om Prakash, having a similar role, was granted anticipatory bail; the protection granted by the Division Bench; and the absence of any material suggesting non-cooperation by the applicant during investigation and considering that the applicant is only a marginal witness, I am of the considered opinion that the applicant is entitled for anticipatory bail in light of the principles laid down by the Hon’ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, subject to the applicant’s continued cooperation in the trial proceedings. In view of the above, the accused applicant Brij Mohan Verma @ Brijmohan is directed to surrender before trial court within twenty days from today. The accused applicant shall be released on anticipatory bail by the trial court on his furnishing a personal bond and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions. (i) The 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 from disclosing such facts to the court or tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Order Date :- 5.6.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench