Neutral Citation No. - 2025:AHC-LKO:7554 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2029 of 2024 Applicant :- Vivek Singh @ Vikki Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime No. 147 of 2021, under Sections 452, 354B, 323, 504, 506 IPC and Section 3(2) VA of SC/ST Act, Police Station Mahrauwa, District Ambedkar Nagar. The notice has been issued to the complainant/opposite party no. 2 and as per office report, the same has been served through legal heir but no one is present for the complainant/opposite party no. 2. From perusal of the order sheet, it appears that on 12.09.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Supplementary affidavit filed today is taken on record. Heard learned counsel the applicant and learned A.G.A. for the State. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/F.I.R No.147/2021, under Sections 452, 354B, 323, 504, 506 IPC and 3(2) VA SC/ST Act, P.S. Maharuwa, District Ambedkar Nagar. Learned counsel for the applicant submits that there were some dispute between the co-accused Akash Singh and relative of the victim and the proceedings under Section 107,117 Cr.P.C were initiated against them. Applicant has been falsely implicated. Medical examination of the victim has been conducted on 09.09.2021 after six days of the incident. The offences under Section 3(2) VA SC/ST Act are not borne out from perusal of the FIR. The injuries are simple in nature and in the form of complaint of pain only. The enmity between the parties is admitted. He submits that the police report which is on record shows that on the relevant date no incident took place as alleged in the FIR. Perused the record. Learned Addl. Government Advocate prays for and is granted two weeks' time to file counter affidavit. Issue notice to respondent No.2. List on 03.10.2024. On due consideration to the fact that there is delay in lodging the FIR and the ingredients to attract offence under SC/ST Act appear to be missing from the plain reading of the FIR as also considering the judgment of the Apex Court passed in case of Prathvi Raj Chauhan vs. Union of India reported in [(2020) 4 SCC 727], it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. Till the next date of listing, it is provided that in the event of arrest, the applicant-Vivek Singh @ Vikki Singh shall be released on 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 witness. The accused-applicant 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. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection." From perusal of the order dated 12.09.2024, it transpires that the State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on an interim anticipatory bail after thoroughly 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 proceeding 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, Vivek Singh @ Vikki Singh 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 interim protection. Order Date :- 5.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench