HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 943 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. As per office report dated 26.5.2025 notice of the present application has been served on the opposite party no.2. However, no one appears on behalf of the said opposite party nor any counter affidavit has been filed. 2. Despite time granted to learned AGA, no counter affidavit has been filed. 3. The applicant was granted interim anticipatory bail vide order dated 24.4.2025 passed by this Court. The order is quoted herein below:- "(Order on Impleadment Application) 1. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. 2. Impleadment application is allowed. 3. Counsel for the applicant is permitted to implead 'Sunnu Raja s/o Veer Pal Singh, R/o Village- Kudaiya, P.S.-Kailiya, District - Jalaun' as opposite party no.2, during course of the day. (Order on Anticipatory Bail Application) 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Session Trial No.164 of 2024, arising out of Complaint Case No.92 of 2024, under Sections 323, 504, 392 I.P.C., Police Station - Kailiya, District -Jalaun, pending in the court of Additional Session Judge/Special Judge (Dacoity Affected Area), District Jalaun at Orai. 3. Counsel for the applicant submits that earlier the wife of co-accused Shiv Kumar filed a complaint against opposite party no.2 in the court of Special Judge, SC/ST Act, Jalaun at Orai, registered as Complaint Case No.32 of 2024 (Smt. Geeta vs. Sunnu Versus Counsel for Applicant(s) : Rajiv Kumar Tripathi Counsel for Opposite Party(s) : G.A. Shivam .....Applicant(s) State of U.P. .....Opposite Party(s) Raja Gurjar and others). In the said case, opposite party no.2 was summoned under Sections 323, 354, 452, 504, 506 I.P.C. and 3(1)?, ? SC/ST Act vide order dated 28.6.2024. In counterblast to the said proceedings, the instant prosecution has been instituted against the applicant, who is the nephew of co-accused Shiv Kumar. It is next contended that specific role of assault has been assigned to co-accused Shiv Kumar. The case of applicant is distinguishable from that of co-accused Shiv Kumar. The applicant has not robbed the opposite party no.2. The applicant has been summoned by the concerned court to face the trial. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 4. Matter requires consideration. 5. Issue notice to opposite party no.2 returnable at an early date. 6. Learned AGA is granted three weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within a week thereafter. 7. Place this case in the additional cause on 29.05.2025. 8. Till the next date of listing, in the event of arrest the applicant Shivam in the aforesaid case shall be released on interim anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every day fixed in the matter by the court concerned. (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 him from disclosing such facts to the Court. (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. " 4. Counsel for the applicant contends that pursuant to the order dated 24.4.2025, the applicant has furnished bail bonds before the court concerned and is appearing before the court on the dates fixed. The applicant has not violated or misused the liberty of interim bail. The applicant has no criminal antecedents. In case, the applicant is released on anticipatory bail, till the conclusion of trial, he will not misuse the said liberty. ABAIL No. 943 of 2025 2 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicant as recorded in the order dated 24.4.2025, considering the nature of accusations, antecedents of the applicant, the fact that the applicant is appearing before the concerned court on the dates fixed; no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Shivam, involved in Session Trial No.164 of 2024, arising out of Complaint Case No.92 of 2024, under Sections 323, 504, 392 I.P.C., Police Station - Kailiya, District -Jalaun be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (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 him from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. September 16, 2025 S.S. ABAIL No. 943 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad