Neutral Citation No. - 2025:AHC-LKO:38044 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 749 of 2025 Applicant :- Rajesh Kumar Patel @ Rajesh Patel Opposite Party :- State Of U.P. Thru. Secy. Deptt. Of Home U.P. Lko. And Another Counsel for Applicant :- Ashwini Kumar Ojha,Nirmala Yadav,Shubham Dixit Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application has been filed by the applicant under Section 438 Cr.P.C. apprehending his arrest in F.I.R./Case Crime No. 17 of 2024, under Sections 147, 148, 149, 323, 504, 506, 332, 353, 336, 341, 307, 427 I.P.C. and Section 7 Criminal Law Amendment Act, 1932, Police Station Lalganj, District Pratapgarh. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. FIR has been registered against 13 named and 15-20 unidentified accused persons. It is argued that in a crowd of approximately 100 people, it is highly improbable that the informant could have specifically identified the applicant as one of the assailants, particularly in the absence of any photographic or digital evidence related to the incident. The prosecution’s case is based solely on the statements of police personnel. Although eight police officials are shown to have been medically examined, they have sustained only simple injuries. The applicant has no prior criminal record and undertakes to fully cooperate with the investigation. It is further submitted that co-accused Pawan Kumar Vishwakarma, who is alleged to have played a similar role, has already been granted anticipatory bail by this Court vide order dated 20.03.2024, passed in Criminal Misc. Anticipatory Bail Application No. 609 of 2024 under Section 438 Cr.P.C. The applicant seeks parity with the said co-accused. Learned AGA has opposed the bail application On due consideration to the fact that co-accused Pawan Kumar Vishwakarma has been granted anticipatory bail and in view of the applicant’s undertaking to cooperate in the proceedings, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail, in view of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his cooperation in the trial. In view of the above, the accused-applicant is directed to report before the investigating officer within ten days from the date of receipt of certified copy of the order. Upon his reporting, the investigating officer shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the investigating officer with the following conditions:- He 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. In view of the aforesaid, the application is allowed. Order Date :- 4.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench