Neutral Citation No. - 2025:AHC-LKO:44498 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 634 of 2025 Applicant :- Mahtab Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Mohd. Salman,Ana Fatma Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No.99/2023, under Sections 147, 148, 149, 323, 504, 506 and 307 I.P.C., P.S. Kandhai, District Pratapgarh. Heard learned counsel for the applicant and learned A.G.A. for the State. It is alleged in the prosecution case that in an incident which took place on 02.04.2023 at about 09:00 pm, F.I.R. was lodged on 03.04.2023 at about 06:43 pm. Learned counsel for the applicant submits that applicant has explained the criminal history of one case. Applicant has been falsely implicated in this case. The injury report of the injured shows simple injuries. No offence under Section 307 IPC is made out. The charge-sheet has been filed. He submits that during investigation, the protection was given by the Division Bench of this Court vide order dated 12.04.2023 passed in Writ Petition No.2764 of 2023 however, applicant has not misused the protection granted by the court and has cooperated in the investigation. Learned A.G.A. has vehemently opposed the bail application, however, could not dispute the fact that charge-sheet in the matter has been filed. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has explained the criminal history of one case, injury report of the injured, he has cooperated in the investigation and he shall cooperate in the trial, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)- 2020 SCC online SC 98. In view of the above, since, charge-sheet in the matter has been filed, the applicant-Mahtab is directed to surrender himself before the trial court within twenty days from today. In case of such surrender, the trial court shall enlarge the applicant on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned 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; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 31.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench