Neutral Citation No. - 2025:AHC-LKO:7248 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 50 of 2024 Applicant :- Nand Kishore Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Vijayendra Prakash Tripathi,Ravindra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Case called out in the revised list. No one is present on behalf of complainant. 2. Counter affidavit filed today by the State is taken on record. 3. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. 4. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in case crime/F.I.R No.500/2024, under Sections 115(2), 352, 351(3), 126(2), 109 of BNS, P.S. P.G.I., District Lucknow. 5. From perusal of the order sheet, it appears that on 25.09.2024, the following order was passed:- "Heard learned counsel the applicant and learned A.G.A. for the State. The present bail application under Section 482 of BNSS has been filed seeking anticipatory bail in case crime/F.I.R No.500/2024, under Sections 115(2), 352, 351(3), 126(2), 109 of BNS, P.S. P.G.I., District Lucknow. Learned counsel for the applicant submits that co-accused Ramapati used to run a service center where Nandkishore and Sajid engaged as employees. Centre is registered in the name of Ramapati. Applicant has been falsely implicated in this case due to fact that he is an employee of co-accused Ramapati who has been sent to jail. He also submits that false recovery of live cartridges has been shown. No one has received gun shot injury. Learned counsel for the applicant undertakes that the applicant will cooperate in the investigation. It has been further submitted that co-accused Sajid Siddiqui who was assigned similar role has been granted interim protection vide order dated 06.09.2024 passed in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 19 of 2024. Learned counsel for the complainant submits that informant has received simple injuries. Learned A.G.A. as well as learned counsel for the complainant pray for and are granted two weeks' time to file counter affidavit. List on 30.09.2024 after CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 19 of 2024. Considering the above aspect of the matter, perusal of the record as well as the fact that no one has received the firearm injury and the applicant is an employee of the co-accused Ramapati against whom the main allegation has been levelled; co-accued Sajid Siddiqui has been granted interim protection, so also the undertaking given by learned counsel for the applicant that applicant will cooperate in the investigation as also the judgment of Apex Court passed in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, 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-Sajid Siddiqui 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. " 6. From perusal of the order dated 25.09.2024, 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 applicant was enlarged on an interim anticipatory bail after thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. 7. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Nand Kishore Yadav 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. 8. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 4.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench