HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2277 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ashutosh Pratap Singh, the learned counsel for the applicant and Shri Ashok Kumar Srivastava, the learned AGA for the State. 2. On 01.10.2024, after hearing learned counsel for the applicant and learned A.G.A. for the State, this court had passed the following order: "Heard learned counsel the applicant and learned A.G.A. for the State as well as learned counsel for the complainant. The present bail application under Section 438 Cr.PC. has been filed seeking anticipatory bail in case crime/FIR No. 178/2024, under Sections 323/307/341/327/504/506/120B I.P.C., P.S. Baghrai, District Pratapgarh. In the prosecution case, it is alleged that on 31.05.2024 at about 2:00 pm, while the informant was coming from Kunda towards his home, he was followed by Nagendra Pratap Yadav by his vehicle Tavera and before he could reach Lodhipur, he was stopped by throwing a motorcycle in front of his vehilce. Thereafter, the accused started hurling abuses and upon resistance, they started beating him and when he ran to save his life, they fired at him. Learned counsel for the applicant submits that there is no fire arm injury received by the injured. Other injuries are simple in nature. The applicant has been falsely implicated. No offence under Section 307 IPC is made out. Even if the prosecution case is taken as it is, general allegation of beatings have been leveled on all four accused persons. The applicant is innocent and has been falsely implicated. The applicant has no criminal antecedent. Learned counsel for the applicant submits that the applicant is not a previous convict and he undertakes to cooperate in the investigation. Learned AGA as well as learned counsel for the complainant has opposed the Versus Counsel for Applicant(s) : Ashutosh Pratap Singh Counsel for Opposite Party(s) : G.A., Anuj Kumar Singh Nagendra Pratap Yadav .....Applicant(s) State Of U.P. Thru. Addl. Chief Prin. Secy. Deptt. Home Govt. Of U.P. Lko. And Another .....Opposite Party(s) bail application. On due consideration to the statement of the injured as well as the injury report, so also the undertaking given by the applicant that he shall cooperate in the trial 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 report to the investigating officer within 20 days from today. He 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. List on 23.10.2024. In the meantime, learned AGA as well as learned counsel for the complainant shall file counter affidavit." 4. The State has filed a counter affidavit annexing therewith copies of material collected during investigation. 5. The learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail by the applicant. Nothing has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant. 6. In view of above, the interim order dated 01.10.2024 is made absolute and the anticipatory bail application is allowed. September 17, 2025 -Amit K- ABAIL No. 2277 of 2024 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench