HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 635 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Santosh Kumar Kanaujia, the learned counsel for the applicant, Sri Virendra Kumar, learned A.G.A.-I appearing on behalf of the State and perused the records. 2. The applicant was granted interim anticipatory bail by means of the following order passed on 06.06.2025 by a Coordinate Bench of this Court: "Heard learned counsel for applicant and learned A.G.A. for State-opposite party. Issue notice to opposite party No.2. First anticipatory bail application has been filed with regard to case crime No.324 of 2025, under Section 109(1), 352, 351(3) BNS, P.S. Kotwali, District Lakhimpur Kheri. As per contents of F.I.R., the incident is said to have taken place on 15th April, 2025 between 6.40 and 7.00 P.M. when the applicant alongwith co-accused is said to have attacked and inflicted injuries upon the informant and his family member. It has been submitted that the applicant has been falsely implicated in allegations levelled against him which would be evident from the fact that the statement of injured has clearly nominated co-accused Sanjay Gupta as a person who reportedly fired upon them resulting in injuries. Learned counsel has also drawn attention to the injury reports of both the injured to submit that injures suffered are simple in nature and therefore the provisions of Section 109(1) BNS would not be applicable. It is Versus Counsel for Applicant(s) : Santosh Kumar Kanaujia Counsel for Opposite Party(s) : G.A. Shri Chandra Nishad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) submitted that the investigation is still ongoing and applicant undertakes to cooperate with the same. It is submitted that the applicant does not have any previous criminal history. Learned A.G.A. has opposed bail application with submission that injury report and statements of injured clearly corroborate allegations levelled against the applicant and co-accused. It is also submitted that on the basis of instructions that applicant is not cooperating in the investigation. Upon consideration of submissions advanced by learned counsel for parties and upon perusal of material on record, prima facie subject to evidence led in trial, it appears that main gist of allegation of having opened fire has been attributed to co-accused Sanjay Gupta who has already been granted bail by trial court. At this stage, there does not appear to be any allegation against the applicant to corresponding to Section 109(1) BNS. The applicant undertakes to corroborate in the investigation. Considering the aforesaid facts and circumstances of the case and after perusal of the record, this Court finds it to be a fit case of interim anticipatory bail. Let the accused-applicant Shri Chandra Nishad as an interim measure be enlarged on anticipatory bail in view of the Constitution Bench judgment of Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. In the event of arrest, the accused-applicant shall be released forthwith in the aforesaid case crime on bail furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned on the following conditions:- (i) That the accused-applicant shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. (ii) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. The applicant is directed to appear before the Investigation Officer on 02.07.2025 at NABAIL No. 635 of 2025 2 2.00 P.M. List this case on 23.07.2025 as fresh alongwith service report. Objections may be filed in the meantime. Learned A.G.A. shall obtain instructions by the next date of listing with regard to cooperation of applicant in the investigation. " 3. Office has reported that the notice issued to the opposite party no.2 stands served personally but no one has put in appearance on behalf of the opposite party no.2. 4. Learned AGA has filed a counter affidavit annexing therewith copies of materials collected during the investigation and the copy of charge sheet submitted on 12.07.2025 but he has not leveled any allegation of misuse of interim bail granted to the applicant. 5. In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate Bench of this Court on 06.06.2025 granting interim anticipatory bail to the applicant. 6. In view of above, the interim order dated 06.06.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 22, 2025 V. Sinha NABAIL No. 635 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench