Neutral Citation No. - 2025:AHC-LKO:4199 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2270 of 2024 Applicant :- Harikaran Alias Rinku Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secy. Lko. And Another Counsel for Applicant :- O.P. Tiwari,Aradhana Pathak,Sushila 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 counsel for the complainant,learned AGA for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Case Crime No. 0108 of 2024, under sections 406, 323, 325, 504, 506, 307, 147, 148, 149 of the I.P.C., Police Station-Fatehpupr Chaurasai,District-Unnao. From perusal of the order sheet, it appears that on 01.10.2024, 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 afÏdavit. 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 ofÏcer/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 ofÏcer/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 01.10.2024, it transpires that State counsel as well as learned counsel for the complainant have 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 thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Harikaran Alias Rinku, till disposal of the trial subject to the following conditions:- (i) that the applicant shall make himself available for interrogation by a police ofÏcer 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 ofÏcer 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 :- 22.1.2025 AKS Digitally signed by :- ANUJ KRISHNA SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench