Neutral Citation No. - 2025:AHC-LKO:38331 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 755 of 2025 Applicant :- Vipin Kumar @ Pintu Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. Counsel for Applicant :- Akhilesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 343/2019, under Sections 386/506 I.P.C., P.S. Jethwara, District Pratapgarh. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that on 10.09.2019 at around 10:00 a.m., while the complainant was on his way to manage the bulls, the accused, Vipin Tiwari, who was already intoxicated, demanded money for liquor. He allegedly threatened to kill the complainant if the money was not given. Due to his inebriated state, he kept falling repeatedly, and his rifle also got damaged. Learned counsel for the applicant submits that although it has been alleged that the applicant was heavily intoxicated, no medical examination was conducted to substantiate this claim. Apart from oral statements, no other material has been collected by the investigating officer. The applicant has disclosed his criminal history involving eight cases in paragraph 15 of the bail application. Learned counsel for the applicant further submits that the applicant is willing to cooperate with the investigation. Learned AGA has opposed the bail application; however, he could not refute the fact that no medical examination of the applicant was conducted. On due consideration to the material collected during investigation by the investigating officer, the fact that the applicant is an Ex-Army personnel; the possibility of false implication due to village rivalry as alleged by the applicant’s counsel, so also the undertaking given on his behalf to cooperate in the investigation, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to his cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. She shall cooperate in the investigation and she 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. The application is allowed. Order Date :- 7.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench