Neutral Citation No. - 2025:AHC-LKO:10410 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2217 of 2024 Applicant :- Ranjeet Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- O.P. Tiwari,Tripti Pandey Counsel for Opposite Party :- G.A.,Sagar Singh,Shri Ram Maurya Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in FIR No. 0108 of 2024, under Sections 406, 323, 325, 504, 506, 307, 147, 148, 149 IPC, Police Station Fatehpur Chaurasi, District Unnao. The notice has been issued to the complainant/opposite party no. 2 and as per office report, the same has been served personally but no one is present for the complainant/opposite party no. 2. From perusal of the order sheet, it appears that on 26.09.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Heard learned counsel the applicant and learned A.G.A. for the State. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 108/2024, under Sections 406/323/325/504/506/307/147/148/149 I.P.C., P.S. Fatehpur Chaurasi, District Unnao. Learned counsel for the applicant submits that the injured in his first statement recorded on 31.04.2024 has not taken name of the applicant. General allegation have been assigned to all the accused persons. Role of firing has been assigned to Raj and one of his accomplice. There is no fire arm injury in this case, however, in the restatement which was made after several days on 17.05.2024, for the first time on the basis of hearsay, name of the applicant has been taken. It has been further submitted that even otherwise, the injury suffered by the injured are not on the vital part. The ingredients to attract section 307 IPC are missing. The applicant has been falsely implicated. Learned counsel for the applicant submits that the applicant is not a previous convict; he has no previous criminal antecedents and he undertakes to cooperate in the investigation. Issue notice to respondent No. 2. Steps be taken within a week. Learned Addl. Government Advocate prays for and is allowed 15 days' time to file counter affidavit. List on 23.10.2024. On due consideration to the contradictory statements of the complainant as well as considering the fact that ingredients to attract section 307 IPC are missing; the applicant is not a previous convict and having no criminal history 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, as an interim measure, 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 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." From perusal of the order dated 26.09.2024, 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 thoroughly 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 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 allowed while extending anticipatory bail to the applicant, namely, Ranjeet 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. In case of default, it would be open for the Investigating Agency to move application for vacation of this protection. Order Date :- 17.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench