Neutral Citation No. - 2025:AHC-LKO:38167 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 815 of 2025 Applicant :- Mohd. Asif @ Asif Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Avanindra Singh Parihar,Avanish Kumar Singh,Maitryee Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present application has been filed seeking anticipatory bail in F.I.R./Case Crime No.117 of under Sections 309 (4) of the BNS, 2023, Police Station Kotwali Dehat, District Pratapgarh. In the prosecution case, it is alleged that the complainant, who runs a confectionery and bakery shop, was present at his shop on 20.05.2025 at about 3:15 p.m., when three unknown persons arrived. Out of them, two approached the complainant and asked for a packet of paan masala. As the complainant turned to retrieve the packet, one of the unknown persons allegedly threatened him by showing a country-made pistol, while the other snatched a cash box containing money. It is alleged that an amount of 30,000/- was looted from the ₹ complainant. Learned counsel for the applicant submits that the applicant has no criminal antecedents. His name has surfaced only in the confessional statement of the co- accused. No recovery of any money has been made from the applicant. It is further submitted that there is no eye-witness to the incident. Learned A.G.A. has opposed the prayer for bail and submits that from the possession of the co-accused persons, one empty cartridge, two live cartridges, and one country-made pistol have been recovered. On due consideration to the facts that the applicant has no criminal antecedents, there is no independent eye-witness to the incident, and no videography of the alleged recovery was prepared by the prosecution while preparing the recovery memo, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another reported in (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. Accordingly, the application is allowed. It is provided that in the event of arrest, the applicant Mohd. Asif @ Asif shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer concerned with the following conditions:- i). The applicant shall make himself available for interrogation by the Investigating Officer as and when required; 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 them from disclosing such facts to the Court or to the Investigating Officer; iii). The applicant shall not leave India without the prior permission of the Court; iv). The applicant shall appear before the trial court on each date fixed, unless his personal appearance is exempted by the court; v). The applicant shall not pressurize or intimidate any prosecution witness. In case of breach of any of the above conditions, it shall be open to the Investigating Agency to move an appropriate application for vacation of this interim protection. Order Date :- 7.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench