Neutral Citation No. - 2025:AHC-LKO:5308 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 56 of 2024 Applicant :- Mo Harun Alias Haroon Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Zubair Hasan,Shakeel Ahmad Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant and learned Counsel for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in Case Crime No. 0515 of 2024, under Sections 109 and 352 of BNS, 2023, Police Station Pihani, District Hardoi. 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:- "Supplementary Affidavit filed by learned counsel for the applicant is taken on record. The present application has been filed by the applicant Mo Harun @ Haroon seeking anticipatory bail in FIR No./Case Crime No.0515 of 2024 under Section 109 and 352 of Bhartiya Nyaya Sanhita 2023, Police Station Pihani, District Hardoi. Heard learned counsel for the applicant and learned Additional Government Advocate for the State. In the prosecution case, it is alleged that on 1.8.2024, while on patrolling duty and are checking the vehicles as well as suspicious persons, five persons on two different motorcycles, three persons on one motorcycle and two persons on another motorcycle were seen moving towards Pihani. They were asked by the police party to stop by using torch light. After seeing police personnel, one accused person took out a pistol and with the intention to kill fired at them. In self defence the police personal fired upon them by service pistol. The two accused persons fell down and three persons fled on the motorcycle. They caught one accused person on the spot and others were abscond. Learned counsel for the applicant submits that out of five accused persons four are the real brothers. The applicant has been falsely implicated. It is a case of no injury. Even the person, who are alleged to have been caught on the spot, has not received any injury. He further submits that the co-accused Shahnavaj, having similar role has been granted interim protection by this Court vide order dated 2.9.2024 passed in Criminal Misc. Anticipatory Bail Application No.7 of 2024. He submits that the applicant has explained his criminal history in paragraph 7 of the Supplementary Affidavit. Learned Addl. Government Advocate has opposed the bail prayer, however, could not dispute the fact that the co-accused person has been granted interim protection by this Court. Perused the record. On due consideration to the submissions advanced, perusal of the record, prima facie it appears that it is the case of no injury, co-accused Shahnavaj (supra) has been granted interim protection, he is not the previous convict as also 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, 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 anticipatory 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./Magistrate concerned. The applicant shall cooperate in the investigation and he will not influence the witnesses. The accused-applicant shall report to the concerned police station/investigating officer within twenty days from today and 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. List on 18.10.2024. In the meantime, learned A.G.A. shall file objections/counter affidavit." From perusal of the order dated 26.09.2024, it transpires that learned AGA for the State was directed to file counter affidavit but the same has not been filed as yet. Learned AGA 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 AGA 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, Mo Harun @ Haroon 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 interim protection. Order Date :- 27.1.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench