HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 633 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. Nobody is present to press the application which is pending since 28.05.2025 and no request for adjournment has been made. Learned AGA for the State is present. 2. Therefore, the Court proceeds to examine the records and pass appropriate orders. 3. On 03.06.2025, after hearing learned counsel for the applicant and learned A.G.A. for the State, this court had passed the following order:- "The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 376 of 2024 under Sections 504, 308, 325, 323 IPC, P.S. Gola, District Kheri Heard learned counsel for the applicant and learned A.G.A. for the State. As per contents of first information report, the incident is said to have taken place on 19th April, 2024 when Versus Counsel for Applicant(s) : Dheeraj Srivastava Counsel for Opposite Party(s) : G.A. Brij Lal .....Applicant(s) State Of U.P. Thru. Secy. Home U.P. Lko. And Another .....Opposite Party(s) the applicant alongwith his wife who is co-accused is said to have attacked and injured the informant. Learned counsel for the applicant submits that general allegations have been levelled against the applicant and his wife, Mohini. It is also submitted that Mohini has already been granted interim anticipatory bail by a coordinate Bench of this Court vide order dated 20.05.2025. A copy of the said order is annexed as Annexure No. 6 to the present bail application. The applicant seeks parity with the relief granted to Mohini. It is further submitted that the applicant has no criminal antecedents and undertakes to cooperate with the trial. Learned AGA has opposed the bail application, however, does not dispute the fact that charge sheet has been filed and role of the applicant and the co- accused are same. Issue notice to respondent No. 2. Steps be taken within a week. Learned Addl. Government Advocate is granted two weeks time to file counter affidavit. List along with CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 525 of 2025. On due consideration to the bail order granted to co- accused Mohini, the similar roles assigned to both the accused persons (the applicant and Mohini), the statement of the injured, and the fact that the applicant has no prior criminal history, and in view of the judgment in Sushila Aggarwal and Others v. State (NCT of Delhi) and Another, (2020) 5 SCC 1, and without delving into the merits of the case, this Court ABAIL No. 633 of 2025 2 deems it appropriate, as an interim measure, to grant interim protection to the applicant under Section 438 Cr.P.C. . In view of the above, the accused applicant 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; 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. " 4. The State has not filed any counter affidavit. 5. The learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail by the applicant. Nothing ABAIL No. 633 of 2025 3 has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant. 6. In view of above, the interim order dated 03.06.2025 is made absolute and the anticipatory bail application is allowed in terms of the order dated 03.06.2025. September 15, 2025 Pradeep/- ABAIL No. 633 of 2025 4 (Subhash Vidyarthi,J.) Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench