Neutral Citation No. - 2025:AHC-LKO:4225 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2218 of 2024 Applicant :- Yagya Prakash Tripathi @ Vinod Kumar And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy Home Lko. And Another Counsel for Applicant :- Shitla Prasad Tripathi Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard counsel for the applicants, learned AGA for the State and perused the record. The instant application under section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No. 269 of 2000, under sections 147, 148, 149, 307, 336, 384, 427, 504 and 506 of IPC and section 7 of the Criminal Law Amendment, Act Police Station- Auras District- Unnao. Contention of the learned counsel for the applicants is that after thoroughly considering the factual matrix of the case, the interim bail was granted by coordinate bench of this Court to the applicants vide order dated 30.09.2024. The order dated 30.09.2024 is quoted hereinunder :- "The applicants have moved the present application under Section 438 of Cr.P.C. praying for grant of anticipatory bail in Case Crime No. 269/2000, under Sections 147/148/149/307/336/384/427/504/506 IPC and Section 7 of Criminal Law Amendment Act, P.S. Auras, District Unnao. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. Learned counsel for the applicants submits that FIR has been lodged after a delay of three days. The complainant and his wife have not received any injury. In fact, it is a case of no injury. Civil suit is pending between the parties. Earlier a stay order was granted by the coordinate Bench of this Court vide order dated 28.01.2009 passed in Application U/S 482 No. 1197/2001 filed by the applicants. It has been lastly submitted that charge sheet in the matter has been filed by the investigating officer without taking opinion of the Assistant Prosecution Officer. Specific pleading in this regard has been taken in para 12 and 13 of the bail application. It is submitted that the applicants are innocent. The applicants have never absconded. They undertake to cooperate in the trial. Two weeks' time is granted to learned AGA to file objections/ counter affidavit. Issue notice to respondent No.2. List on 05.11.2024. On due consideration to the fact that civil suit is pending between the parties; no one is injured in this case as well as the undertaking given on behalf of the applicants that they shall cooperate in the trial, 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 Yagya Prakash Tripathi @ Vinod Kumar, Ram Babu Dwivedi, Hari Prasad and Rap Pratap 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 a 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." The coordinate Bench of this court while considering the aforesaid aspects of the matter, had granted interim bail to the applicants on 30.09.2024 and now, after filing of the Counter Affidavit, no adverse material has been placed by the state against the applicants. Considering the aforesaid aspect of the matter, the instant regular anticipatory bail is hereby disposed of while granting bail to the applicants namely, Yagya Prakash Tripathi @ Vinod Kumar, Ram Babu Dwivedi, Hari Prasad and Ram Pratap 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 them 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 protection. Order Date :- 22.1.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench