Neutral Citation No. - 2025:AHC-LKO:5459 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2156 of 2024 Applicant :- Saddam And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others Counsel for Applicant :- Pawan Kumar Sharma Counsel for Opposite Party :- G.A.,Anil Kishore,Ram Achal Gupta Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicants, Shri Ram Achal Gupta, learned counsel appearing for the complainant/opposite party no.2 as well as learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicants- Saddam and Salahuddin on anticipatory bail in Complaint Case No. 74 of 2022, under Sections 452, 354(B), 504, 506 I.P.C. and Section 9(g)/10 POCSO Act, Police Station Fakharpur, District Bahraich. 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.74 of 2022, under Sections 452, 354(B), 504, 506 I.P.C. and Sections 9(g)/10 POCSO Act, P.S. Fakharpur, District Bahraich. Heard learned counsel for the applicants and learned A.G.A. for the State. Learned counsel for the applicants submits that mother of applicant No.1 has filed an application under Section 156(3) Cr.P.C. on 13.09.2021 which was treated as a complaint case against the son of the present complainant. As a counterblast, this application under Section 156(3) Cr.P.C., has been filed on 21.06.2022 by the complainant as a counterblast against the present applicant. There is no corroborative evidence in support of the prosecution case. Applicants have been falsely implicated in this case. The complaint has been registered only to pressurize the applicants to enter into the compromise. It is submitted that statements under Sections 200, 202 Cr.P.C. have been recorded. The applicants have no criminal history. Applicants undertake to cooperate in the trial. Issue notice to respondent No. 2. Learned Addl. Government Advocate prays for and is granted two weeks' time to file counter affidavit. List on 17.10.2024. On due consideration to the argument advanced as well as perusal of the record and the fact that earlier complaint lodged by mother of the complainant, applicants have no criminal history and the lack of corroborative evidence in support of prosecution case as also the undertaking given by the applicant that he will cooperate in the trial 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, 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-Saddam & Salahuddin shall be released on bail on their furnishing a personal bond 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 they 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 19.09.2024, 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 allowedwhile extending anticipatory bail to the applicants- Saddam and Salahuddin 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