Neutral Citation No. - 2025:AHC-LKO:35475 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 658 of 2025 Applicant :- Jagdamba Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Madan Gopal Tripathi,Rakesh Kumar Mishra,Shivam Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Rajeev Singh,J. 1. Vakalatnama filed by Mr. K.N. Mishra, Advocate, learned counsel for complainant is taken on record. 2. Heard learned counsel for the applicant, learned counsel for complainant and learned A.G.A. for the State. 3. The instant anticipatory bail application has been filed by the applicant with a prayer to enlarge him on anticipatory bail in Case Crime No. 70 of 2025 u/s 333, 352, 118(1), 115(2) & 109 of B.N.S., 2023 Police Station- Paraspur, District- Gonda. 4. Learned counsel for the applicant submits that the applicant has falsely been implicated in the present case on the basis of general allegations. The complainant side was the aggressor and from the side of applicant, four persons received fire arm injury and thereafter FIR was lodged and in retaliation FIR in question was lodged. He has further submitted that co-accused Jai Prakash @ Pappu has already been enlarged on interim anticipatory bail by this Court. He also submits that the applicant is ready to cooperate in the investigation and except the present case, he does not have any criminal antecedent, hence, he is entitled for anticipatory bail. 5. Learned A.G.A. as well as learned counsel for complainant vehemently opposes the prayer of the applicant and submits that sufficient evidences against the applicant is found in the incident but they do not dispute this fact that the FIR from the side of applicant was lodged prior to the lodging of the FIR of case in question. He further submits that injury is also found on the body of the injured. 6. Considering the submissions of learned counsel for the parties and going through the contents of the F.I.R. as well as other relevant materials, it is evident that from the side of the applicant four persons received fire arm injury and prior to the lodging of FIR of case in question, the FIR was lodged on the side of applicant. Therefore, the applicant is entitled for anticipatory bail. In case the applicant is taken into custody by Investigating Officer/Investigating Agency, he shall be released forthwith on anticipatory bail after taking personal bond of Rs. 50,000/- and two sureties each in the like amount with the following conditions:- (i) The applicant shall not commit or participate in any offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (ii) 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 to any police officer or tamper with the evidence. (iii) The applicant shall remain present, in person, before the Trial Court on dates fixed for (1) opening of the case, (2) framing of charge and (3) recording of statement under Section 313 Cr.P.C./351 B.N.S.S. If in the opinion of the Trial Court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the Trial Court to treat such default as abuse of liberty of bail and proceed against him in accordance with law. 7. With above directions, the anticipatory bail application is allowed. Order Date :- 12.6.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench