Neutral Citation No. - 2025:AHC-LKO:45959 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 978 of 2025 Applicant :- Shyam Sundar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sindhuja Tiwari,Ashish Kumar Counsel for Opposite Party :- G.A.,Sanjeev Kumar Mishra Hon'ble Subhash Vidyarthi,J. 1. Supplementary affidavit filed by the learned counsel for the applicant is taken on record. 2. Heard Ms. Sindhuja Tiwari, learned counsel for the applicant, Sri Manish Vikram Singh Chauhan, learned A.G.A. appearing on behalf of the State and Sri Sanjeev Kumar Mishra, learned counsel for the complainant. 3. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.194 of 2025, under Sections 305, 331(4) B.N.S, registered at Police Station Vibhuti Khand, District Lucknow. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.05.2025 at 20:37 hours against the applicant stating that the informant heard some commotion at 01:30 AM on 25.05.2025 and upon coming out, he was told by some neighbours that the applicant was running away after committing theft in the informant's house. The informant chased the accused and identified him in street light. While running away, the applicant had left his Scooty in front of the informant's house. Later on, the informant came to know that the lock of the door of his house and that of his Almirah had been broken and some jewellery and Rs. 15,000/- cash were missing. 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is a young man aged 24 years and he has been falsely implicated in the present case. 6. The applicant's involvement in eight other cases has been disclosed by filing a supplementary affidavit on behalf of the applicant, in all of which he has been granted bail. 7. The learned A.G.A. has opposed the anticipatory bail application on the basis of written instructions provided by him, which contain a description of the cases in which the applicant is involved. 8. The learned counsel for the applicant has also vehemently opposed the anticipatory bail application and he has submitted that the applicant is not cooperating in investigation and, therefore, he is not entitled to be granted anticipatory bail. He has further submitted that the applicant has not disclosed his criminal history by filing anticipatory bail application before the Session Court. He has further submitted that the applicant has committed the offence in question while he was released on bail in other cases of similar nature and this also dis-entitles the applicant to be granted anticipatory bail. 9. The learned counsel for the applicant has relied upon a decision of a Coordinate Bench of this Court in the case of "Sachin Rastogi Vs. State of U.P." in Criminal Misc. Anticipatory Bail Application No. 9699 of 2021 decided on 27.10.2021, wherein the accused had been identified on the basis of CCTV footage and the F.I.R has been lodged two days after the incident and yet this Court had granted anticipatory bail to the accused person. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident is said to have taken place at 1:30 AM on 25.05.2025 and the F.I.R has been lodged at 20:37 hours on 28.05.2025 i.e after a delay of almost four days; it is said that the incident is recorded in CCTV footage but what is recorded is that a person was seen running away carrying an iron rod; the applicant's Scooty was found outside the informant's house and that the applicant has undertaken to cooperate in the investigation/trial, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 11. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Shyam Sundar before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) that 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 or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.) Order Date :- 7.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench