Neutral Citation No. - 2025:AHC-LKO:15024 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 55 of 2024 Applicant :- Ravendra Kumar Srivastava And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another Counsel for Applicant :- Lakshmana Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. As per the office report, notice was issued that has been served upon the complainant. However, neither the complainant nor his counsel is present. In these circumstances, the Court is proceeding to hear this matter. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. The present application under Section 482 BNSS has been filed seeking anticipatory bail in case crime/F.I.R No.211/2024, under Sections 316(5) of BNS, P.S. Jamo, District Amethi. From perusal of the order sheet, it appears that on 30.09.2024 following order was passed wherein the present applicant has been granted interim anticipatory bail:- " Heard learned counsel the applicants and learned A.G.A. for the State. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/F.I.R No.211/2024, under Sections 316(5) of BNS, P.S. Jamo, District Amethi. In the prosecution case it is alleged that pursuant to the order dated 15.06.2024 issued by District Magistrate, Amethi, the F.I.R. in question came to be lodged. It is submitted on behalf of the applicant that applicant filed a writ petition bearing Writ-A No.4857/2024 wherein impugned order dated 15.06.2024 was stayed and the matter is still sub-judice. He submits that considering these facts the co-accused Savita Singh has been granted interim protection by this court vide order 17.09.2024 in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.2126 of 2024. Learned counsel for the applicant submits that except the two F.I.R.s relating to the same inquiry on the applicant, applicant has no previous criminal history. The offence is triable by magistrate. Learned counsel for the applicant undertakes that applicant will cooperate in the investigation. He submits that charge-sheet in the case has not been filed. Issue notice to respondent No. 2. Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit. List on 05.11.2024. Considering the above aspect of the matter, perusal of the record as well as the fact that applicant seeks parity with the bail order of co-accused Savita Singh (supra) and the order dated 15.06.2024 on the basis of which the F.I.R. has been lodged is already stayed by the Co-ordinate bench of this Court and the matter is sub-judice, applicant is undertaking to 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. Till the next date of listing, it is provided that in the event of arrest, the applicant 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 shall report to the Investigating Officer within fifteen days 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." State counsel has failed to demonstrate from the counter affidavit that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicant was enlarged on anticipatory bail after thorough 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 proceedings 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 applicant, namely, Ravendra Kumar Srivastava 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/ her 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. In case of default, it would be open for the Investigating Agency to move application for vacation of this order. Order Date :- 11.3.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench