HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 892 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No.0034 of 2025, under Sections 109, 103(1), 110, 191(2), 191(3), 115(2), 118(1), 352, 351(2), 351(3) of Bhartiya Nyaya Sanhita (B.N.S.) 2023, Police Station- Kudwar, District- Sultanpur 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The Co-ordinate Bench of this Court vide order dated 01.08.2025 while granting interim protection to the applicant has passed the following order:- "1. Heard Sri Bal Keshwar Srivastava, learned counsel for the applicant and Sri Arun Verma, learned AGA for the State. 2. Learned counsel for the applicant has stated that the applicant is apprehending his arrest in F.I.R./Case Crime No.0034 of 2025, under Sections 109, 103(1), 110, 191(2), 191(3), 115(2), 118(1), 352, 351(2), 351(3) of Bhartiya Nyaya Sanhita (B.N.S.) 2023, Police Station- Kudwar, District- Sultanpur. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case as he has not committed any offence as alleged. 3. At the very outset, attention has been drawn towards the Annexure-9 whereby this Court vide detailed order dated 28.05.2025 granted anticipatory bail to the co-accused Nafees Ahmad in Criminal Misc. Versus Counsel for Applicant(s) : Brijesh Kumar Yadav, Bal Keshwar Srivastava Counsel for Opposite Party(s) : G.A. Firoz Ahmad .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Anticipatory Bail Application U/S 482 B.N.S.S. No.487 of 2025. Learned counsel for the applicant has further submitted that the allegation against the present applicant are similar to co-accused Nafees Ahmad, who has been granted anticipatory bail. Learned counsel for the applicant has further submitted that the applicant undertakes that he shall co-operate in the investigation properly and shall not misuse the liberty of anticipatory bail, if so granted. 4. Disputing the aforesaid contention of learned counsel for the applicant, Sri Arun Verma, learned AGA has submitted that this is a case of murder, wherein investigation is going on, therefore, unless and until the investigation is completed, the present applicant may not be granted anticipatory bail, however, he could not dispute the fact that co-accused Nafees Ahmad has been granted anticipatory bail. 5. Therefore, without entering into the merits of the issue and considering the fact that this Court vide detailed order dated 28.05.2025 granted anticipatory bail to the co-accused Nafees Ahmad in Criminal Misc. Anticipatory Bail Application U/S 482 B.N.S.S. No.487 of 2025 and allegation against the present applicant are similar to co-accused Nafees Ahmad, investigation is going on and the applicant undertakes that he shall co-operate in the investigation proceedings and shall not misuse the liberty of anticipatory bail, if so granted by this Court, I find it appropriate that liberty of the applicant may be protected till the next date of listing, in view of the dictum of the Hon'ble Apex Court in re; Sushila Aggarwal And Others Vs. State (NCT of Delhi) And Another 2005 SCC 1. 6. Accordingly, till the next date of listing, the applicant- Firoz Ahmad is granted interim anticipatory bail in the aforesaid case crime number on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the trial court/court concerned/arresting authority with the following conditions:- (i) that the applicant shall appear before the investigating officer on 11.08.2025 at 11:00 a.m. sharp to co-operate in the investigation and he shall further co-operate in the investigation proceedings till filing of the police report failing which the interim anticipatory bail order shall be withdrawn on the next date. (ii) that the applicant shall not, directly or indirectly make any inducement, NABAIL No. 892 of 2025 2 threat or promise to any person acquainted with the facts of the case so as to dissuade him/ her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; (iv) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (v) that the applicant shall not leave India without prior permission of the court; (vi) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 7. Issue notice to opposite party No.2. 8. Steps be taken within a week. 9. Office to proceed accordingly. 10. Let counter affidavit be filed within a period of four weeks. 11. Rejoinder affidavit, if any, may be filed within a period of two weeks. 12. List this case in the week commencing 15th September, 2025 within top ten cases. " 4. Learned counsel for the applicant submits that allegation in the F.I.R. are baseless and applicant has been falsely implicated. The investigating officer has filed the charge sheet without collecting the cogent and tangible evidence. He submits that in compliance of the order dated 01.08.2025, applicant has filed the bail bonds and has been released on interim anticipatory bail by the learned trial court. Applicant undertakes to cooperate in the trial. Applicant has not misused the liberty of interim protection granted by this Court. 5. Learned A.G.A. has vehemently opposed the bail application. 6. On due consideration to the submissions advanced, perusal of the record so also the fact that the applicant has cooperated in the investigation and he NABAIL No. 892 of 2025 3 shall cooperate in the trial, the interim protection granted by this Court vide order dated 01.08.2025 is made absolute in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 7. 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. 8. In view of the aforesaid, the application is allowed. September 15, 2025 Saurabh Yadav/- NABAIL No. 892 of 2025 4 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench