Neutral Citation No. - 2025:AHC-LKO:10390 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2272 of 2024 Applicant :- Tehal Singh Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Adarsh Shukla Counsel for Opposite Party :- G.A. 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 Complaint Case No. 0649 of 2022, under Section 307 IPC, Police Station Paliya, District Lakhimpur Kheri. 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. Under the aforesaid circumstances, this Court is proceeding in the matter. 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:- "The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime No.649 of 2022 under section 307 I.P.C., P.S. Paliya, district Lakhimpur Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State. It is alleged in the first information report that the informant has been shot by the applicant Tehal Singh, aged about 90 years on 16.11.2022 at about 1.00O' Clock in the day due to partition dispute between the two. Fire arm injury has been caused on left hand above elbow. Learned counsel for the applicant submits that the applicant is admittedly 90 years old person. Due to the partition dispute with his son, his son the complainant has falsely implicated him. The applicant has no criminal history. There is no independent witness of the incident. The applicant is innocent. It is submitted that the applicant has cooperated in the investigation. Applicant was not arrested during investigation. Applicant undertakes to cooperate in the trial. . Learned A.G.A.has opposed the bail application. He further submits that charge-sheet has been filed. He prays for and is granted two weeks' time to file counter affidavit. Issue notice to respondent No.2. List on 6.11.2024. Perused the record as also the injury which appears to be simple. Considering the age of the applicant as also the fact that he has no criminal history and the injury in question will not attract ingredients of section 307 I.P.C., the charge sheet has been filed, the applicant has cooperated in the investigation, he was not arrested during investigation, applicant undertakes to cooperate in the trial, judgment of Supreme Court in Mahdoom Bava vs. CBI passed in SLP (Crl.) No. 376/2023 and also 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 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 fresh 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 shall surrender before the trial court within twenty days from today 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." 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 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, Tehal Singh 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