Neutral Citation No. - 2025:AHC-LKO:8653 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2057 of 2024 Applicant :- Lalji And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Prateek Yadav,Anand Dubey Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Counter affidavit filed today by learned counsel for the State is taken on record. The notice has been issued to the complainant/opposite party no. 2 and as per office report, the same has been served through legal heirs but no one is present for the complainant/opposite party no. 2. Under the aforesaid circumstances, the Court is proceeding in the matter. Heard learned Counsel for the applicants, learned Counsel for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicants on anticipatory bail in Complaint Case No. 584 of 2012, under Sections 436/504/506 IPC, Police Station Bewana, District Ambedkar Nagar. From perusal of the order sheet, it appears that on 06.09.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 584/2012, under Sections 436/504/506 I.P.C., P.S. Bewana, District Ambedkar Nagar. Heard learned counsel for the applicant and learned A.G.A. for the State. In the prosecution case, it is alleged that on 19.12.2021, an FIR was lodged against the applicants alleging that the applicants dismantled the chappar of respondent no. 2 hurling abuses. Learned counsel for the applicants submits that the dispute between the applicants and respondent no. 2 is of passage. Earlier an FIR was lodged at the instance of the applicants which was registered as crime No. 78/2001 under Sections 323/325/504 IPC and as a counter blast, the present FIR has been lodged. The incident is of 2001. Final report in the FIR lodged by the complainant was filed on 19.12.2001 and against that a protest petition was filed. Upon the protest petition, the FIR has been treated as a complaint case and accused-applicants were summoned on 08.12.2021 i.e. precisely after 20 years. The applicants have been falsely implicated. Learned counsel for the applicants undertakes that the applicants shall cooperate in the trial. Issue notice to respondent No. 2. Steps be taken within a week. Learned Addl. Government Advocate prays for and is allowed ten days' time to file counter affidavit. List on 30.09.2024. On due consideration to the fact that the incident is of 2001; first FIR was lodged by the applicant side; earlier final report was filed by the police, so also the fact that summoning order has been issued after 20 years; the applicants are not a previous convict and having no criminal antecedents and also considering 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, as an interim measure, 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 applicants Lalji, Krishna Kumar and Ashok Kumar, shall be released on bail on their furnishing a personal bonds and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:- (1) The applicants shall cooperate in the trial and he will not influence the witnesses. (2) The accused-applicants will remain present on each and every date fixed by the trial court. (3) The applicants shall not leave India without previous permission of the Court." From perusal of the order dated 06.09.2024, it transpires that State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicants were 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 applicants are 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 applicants, namely, Lalji, Krishna Kumar and Ashok Kumar till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants 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 :- 10.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench