Neutral Citation No. - 2025:AHC-LKO:11310 Court No. - 30 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1939 of 2024 Applicant :- Prem Shankar And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Civil Sectt. Lko And Another Counsel for Applicant :- Neeraj Tripathi,Kunwar Ravi Prakash Counsel for Opposite Party :- G.A. Hon'ble Om Prakash Shukla,J. 1. Heard learned counsel for the applicants as well as learned AGA for the State and perused the record. 2. The instant application has been moved by the applicant- Prem Shankar, Monu and Sandeep, in Case Crime No. 378 of 2018, under Sections 352/ 384/ 504 and 506 I.P.C., Police Station- Maha Nagar, District- Lucknow with the prayer to enlarge them on anticipatory bail, as they are apprehending arrest in the above-mentioned case. 3. Learned counsel for the accused-applicants submits that the applicants are innocent and have falsely been implicated. The applicants were granted interim protection from arrest vide order dated 28.08.2024 passed by a coordinate Bench of this Court, subject to certain conditions and one of the conditions imposed was that the applicants shall appear before the trial Court on each date fixed unless personal presence is exempted. The applicants are appearing before the trial Court without seeking any unnecessary adjournments and are cooperating in the trial. Charge sheet has been filed in this case by the Investigating Officer without adding any further section. All the offences, with which the applicants have been charged, are triable by Magistrate and are punishable with upto 7 years of imprisonment. It is further submitted that the applicants are not having any criminal history and thus, their application seeking anticipatory bail may be allowed. There is no apprehension that after being released on anticipatory bail he may flee from the course of law or may otherwise misuse the liberty. 4. Learned A.G.A. opposes the prayer of the applicants but could not dispute the submission made on behalf of the applicants that the applicants have fully cooperated during investigation and are also cooperating in the trial and charge sheet has been filed without arresting the applicants. 5. Having heard learned counsel for the parties and having perused the record, it is evident that the interim protection from arrest was granted by the coordinate Bench of this Court in favour of the applicants on 28.08.2024. It is an admitted case of the parties that the charge sheet in this case has been filed by the investigating officer without making arrest of the applicants and there is nothing on record, which may suggest that the applicants have not cooperated in the investigation and are not cooperating in trial. All the offences, with which the applicants have been charged, are triable by magistrate and are punishable with upto 7 years of imprisonment. No further section has been added in the charge sheet. 6. Thus, the interim protection from arrest granted vide order dated 28.08.2024 by the Coordinate Bench of this Court is made absolute and, it is provided that in the event of arrest of the applicants, involved in the above-mentioned crime, under the process of the Court or on their appearance before the trial court within 20 days from today i.e. 14.03.2025, whichever is earlier, they shall be released forthwith on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties in the like amount to the satisfaction of the Trial Court, subject to the following conditions: (i). The applicants, if not arrested earlier, shall appear before the trial court within 20 days from today and cooperate in the trial and shall not seek any adjournment when the prosecution witness would be in attendance. (ii). In case of further investigation or re-investigation the applicants shall cooperate in the investigation and make himself available as and when required by the Investigating officer of the case, even for the recovery of any fact. (iii). The applicants shall not make any attempt to influence the prosecution witnesses and will also not commit any crime during his release on anticipatory bail. (iv). The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and specially when the prosecution witnesses are present in court. (v). The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. 7. If in the opinion of the trial court default of any of the condition placed above is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and shall proceed against them in accordance with law. 8. It is clarified that all the observations contained in this order are only for disposal of this anticipatory bail application and shall not affect the trial proceedings in any manner. 9. This anticipatory bail application is allowed accordingly. Order Date :- 21.2.2025 G. Singh/- Digitally signed by :- GURPREET SINGH High Court of Judicature at Allahabad, Lucknow Bench