Neutral Citation No. - 2025:AHC-LKO:7317 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2266 of 2024 Applicant :- Jakir Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Applicant :- Shashank Shukla,Prachi Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. From perusal of the order sheet, it transpires that on 01.10.2024, the notice was issued to complainant/ informant/ opposite party no.2 and as per the office report the same has also been served but no one is present for the opposite party no.2. 2. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. 3. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in case crime No.281 of 2023 under Section 323, 308, 504 IPC, Police Station Khargupur, District Gonda. 4. From perusal of the order sheet, it appears that on 01.10.2024, the following order was passed:- "The present bail application has been filed seeking anticipatory bail in case crime No.281 of 2023 under Section 323, 308, 504 IPC, Police Station Khargupur, District Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State. Issue notice to respondent no.2. Steps be taken within a week. Learned counsel or the applicant submits that initially F.I.R. was lodged under Section 323 IPC and 506 IPC. During investigation the applicant has cooperated in the investigation. He was not arrested during investigation. Charge-sheet in the matter has been filed, however while filing Charge-sheet Section 308 IPC has been added. Learned A.G.A. has opposed the bail application and has submitted that injured has suffered fracture in his parietal bone. Perused the record. On due consideration to the general allegations leveled in the F.I.R. and the facts that the applicant was not arrested during investigation, he has cooperated in the investigation, charge-sheet has been filed and the judgment of Mahdoom Bava vs Central Bureau of Investigation reported in [2023 LiveLaw (SC) 218], it is provided that the applicant shall surrender before the learned court below within a period of twenty days' from today. In case, the applicant surrenders before the court below, the applicant shall be enlarged by the learned court below on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the court concerned with the following conditions:- (1) The applicant shall cooperate in the trial and he will not influence the witnesses. (2) The accused-applicant will remain present on each and every date fixed by the trial court. (3) The applicant shall not leave India without previous permission of the Court. List this case on 6.11.2024. In the meantime, learned A.G.A. shall file objections/counter affidavit. " 5. From perusal of the order dated 01.10.2024, 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 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. 6. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Jakir Ali 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. 7. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 4.2.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench