HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1147 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Mohd. Mansoor, learned counsel appearing on behalf of the applicant as well as Shri Ashok Kumar Srivastava, learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.80 of 2025, under Sections 303(2) and 317(2) of BNS, registered at Police Station- Patti, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.03.2025 stating that some unknown persons committed theft of the buffaloes of the complainant on the night of 21.03.2025. 4. Subsequently, an F.I.R. No.81 of 2025 was lodged by the Sub- Inspector of Police in P.S. Patti, District Pratapgarh for the offences under Sections 109(1), 303(2), 317(2), 317(4), of BNS, 2023 and Sections 3, 25, 27 of Arms Act, 1959 against 5 persons, including the applicant, stating that during checking, a pick-up vehicle was intercepted. The persons sitting in the vehicle started firing gun shots. The police party also fired shots and the injured miscreant was arrested and in his custodial statement, he stated Versus Counsel for Applicant(s) : Mohd. Mansoor, Mohammad Danish, Mohd Siddiq Alam Counsel for Opposite Party(s) : G.A. Sunil Kumar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. .....Opposite Party(s) that he and the other co-accused persons, including the applicant, were involved in committing theft of buffaloes. 5. On the basis of the aforesaid statement, the applicant has been implicated in the present case also. 6. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely been implicated in the present case and besides the aforesaid two cases, the applicant has no other criminal history. 7. The applicant has been granted anticipatory bail in the other case by means of an order dated 29.05.2025 passed by the Co- ordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application u/s 482 BNSS No.559 of 2025. 8. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation in the matter is still going on. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant has been implicated solely on the basis of custodial statement of the co- accused person made in another case and that the applicant has been granted anticipatory bail in that other case in which, on the basis of custodial statement of the co-accused person, the applicant was named, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant in this case also. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any NABAIL No. 1147 of 2025 2 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. September 4, 2025 S. Shivhare NABAIL No. 1147 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench