Neutral Citation No. - 2025:AHC-LKO:41974 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 800 of 2025 Applicant :- Satish Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 2 Others Counsel for Applicant :- Hari Bux Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed by the applicants their arrest in Case Crime no.162/2024, U/SS- 323,342,354 IPC, Police Station Phool Behar, District - Khiri. Heard learned counsel for the applicant and learned A.G.A. for the State. It is alleged in the prosecution case that on 01.04.2024 at around 8:00 PM, while the complainant was returning home with his wife on a motorcycle, two individuals, including one Satish, stopped them. They allegedly tried to molest his wife, and when he resisted, they assaulted him with sticks. Upon raising an alarm, nearby people arrived and rescued him. Learned counsel for the applicant submits that in the victim’s statements recorded under Sections 161 and 164 Cr.P.C., there is no corroborative evidence to support the allegations. It is further pointed out that the medical examination was conducted after a delay of three days, and the injuries sustained were simple in nature, despite the allegation of assault by two individuals using sticks. The charge sheet has already been filed. The applicant has cooperated during the investigation and undertakes to cooperate during the trial. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the fact that the charge sheet has been filed, the applicant has no prior criminal history, the injuries reported are simple and do not prima facie support the prosecution's version, and taking into account the judgment of the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, as well as the undertaking of the applicant to cooperate in the trial, this Court is of the considered view 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 surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court 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 trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. Order Date :- 22.7.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench