Neutral Citation No. - 2025:AHC-LKO:5417 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2137 of 2024 Applicant :- Vishal Maurya And 2 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Santosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard Shri Santosh Kumar Srivastava, learned counsel for the applicants, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicants- Vishal Maurya, Vikas Maurya and Shiv Prasad on anticipatory bail in Complaint Case No. 2771 of 2022, under Section 307 I.P.C., Police Station Jahangirganj, District Ambedkar Nagar. Vide order dated 19.09.2024, notice was issued to the complainant/opposite party no.2 and as per the office report, the same has been served through his heir but no one is present for the complainant/opposite party no.2. From perusal of the order sheet, it appears that on 19.09.2024, following order was passed wherein the applicants have been granted interim anticipatory bail:- "The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in Complaint Case No. 2771/2022, under Sections 307 IPC, P.S. Jahangirganj, District Ambedkar Nagar. Heard learned counsel for the applicants and learned A.G.A. for the State. Learned counsel for the applicants submits that an application under Section 156(3) Cr.P.C. was filed after 63 days of the incident without any explanation of delay. The case has been treated as a complaint case. Enmity regarding the possession of the land is admitted between the parties and due to that the applicants have been falsely implicated. There is no corroborative evidence in support of the prosecution case. Ingredients to attract section 307 IPC are missing. Learned counsel for the applicants undertake 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 17.10.2024. On due consideration to the delay in filing the application under Section 156(3) Cr.P.C., coupled with the fact that no one is injured in this case and the applicants have no criminal antecedents, I am of the opinion that the applicants are entitled to be released on anticipatory bail in this case in the light of judgment of Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another (2020)5 SCC 1, subject to their cooperation in the trial. In view of the above, the accused applicants Vishal Maurya, Vikas Maurya and Shiv Prasad, are directed to surrender before trial court within twenty days from today. The accused applicants shall be released on anticipatory bail by the trial court on their furnishing personal bonds and two sureties each of the like amount to the satisfaction of the trial Court, with the following conditions. (i) 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 him from disclosing such facts to the court or tamper with the evidence; (ii) The applicants shall not leave India without the previous permission of the court; (iii)The applicants shall not pressurize/ intimidate the prosecution witness; (iv)The applicants shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; It is made clear that the observations made in granting bail to the applicants shall not in any way affect the trial Judge in forming their independent opinion based on the testimony of the witnesses." From perusal of the order dated 19.09.2024, it transpires that learned State Counsel was directed to file counter affidavit but the same has not been filed as yet. Learned 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 applicants- Vishal Maurya, Vikas Maurya and Shiv Prasad 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 him 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 :- 27.1.2025 Praveen Digitally signed by :- PRAVEEN KUMAR High Court of Judicature at Allahabad, Lucknow Bench