Neutral Citation No. - 2025:AHC-LKO:7848 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12 of 2024 Applicant :- Harun @ Farukh Opposite Party :- State Of U.P. Thru. Prin.Secy. Home Lko And Another Counsel for Applicant :- Abdul Samad,Sunil Sharma,Surya Nath Pandey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Vide order dated 3.9.2024, the notice was issued to the opposite party no. 2 and as per office report, the same has been served upon the opposite party no. 2 personally, but no one has put in appearance. Under the aforesaid circumstances, this Court is proceeding in this matter. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present bail application under Section 482 BNSS has been filed seeking anticipatory bail in case crime No. 67 of 2024 under sections 115(2), 352, 351(2), 109, 3 B.N.S. (Corresponding sections 323, 504, 506, 307, 34 I.P.C.), P.S. Fursatganj, District Amethi. From perusal of the order sheet, it appears that on 3.9.2024, following order was passed wherein the present applicant has been granted interim anticipatory bail:- " 1.The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.67 of 2024 under sections 115(2), 352, 351(2), 109, 3 B.N.S. (Corresponding sections 323, 504, 506, 307, 34 I.P.C.), P.S. Fursatganj, district Amethi. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that the applicant has been falsely implicated. He is innocent. Role assigned to the applicant is of exhortion. Role of firing has been assigned to Imran, co accused to the injured Najeem. The co- accused Faijan and Naseem have been granted bail vide orders contained in Annexure No.7 collectively, by the court below. 4.A perusal of the statement of Najeem shows that role of firing has been assigned to Imran and not on the applicant. The injured has sustained fire arm injury in his right leg. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 6.Issue notice to respondent No.2. 7.List on 25.9.2024. Objections/counter affidavit be filed, in the meantime. 8.Considering the above aspects of the matter, perusal of the record, prima facie role of firing is assigned to co-accused Imran and not to the applicant, nature of injury received by the injured as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. 9. Till the next date of listing, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned. The applicant shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant shall report to the concerned police station/investigating officer within twenty days from today and will remain present as and when the arresting officer /I.O./ S.H.O. concerned call (s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. 10. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. " State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicant is not cooperating with the investigation proceedings or otherwise any glaring fact which can adversely affect the merit of the case. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Harun alias Farukh till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself 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. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 6.2.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench