HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1203 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Arun Kumar Mishra, the learned counsel appearing on behalf of the applicant as well as Sri Ashok Kumar Srivastava, the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.212 of 2025 under Sections 317(2), 317(4), 317(5), 303(2) B.N.S. registered at Police Station- Vishweshwar Ganj, District- Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by a Sub-Inspector of Police on 29.06.2025 against five persons, including the applicant, stating that on the basis of an information received from a mukhbir, the police arrested co-accused Sukai, from whom merely Rs.20 were recovered. 4. In his custodial statement, he stated that he commits thefts along with the applicants, he had committed a theft of a generator about eight days ago and he had stolen some other articles like batteries, water pumps and electric motors etc. along with the applicant. 5. In the affidavit filed in support of the anticipatory bail application it has been stated that the applicant is innocent having no criminal history and he has been falsely been implicated in the present case. 6. The learned counsel for the applicant has submitted that the applicant has been implicated solely on the basis of custodial statement of a co-accused person and there is no material to connect the applicant with the alleged thefts and he has further submitted that no FIRs have been registered regarding the thefts which have been mentioned in the custodial statement of the co- accused persons. 7. Learned A.G.A. has opposed the prayer for bail but he has submitted that investigation of the case is still going on. 8. Having considered the aforesaid facts and circumstances of the case and Versus Counsel for Applicant(s) : Arun Kumar Mishra Counsel for Opposite Party(s) : G.A. Rahul @ Rahul Tiwari .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) keeping in view the aforesaid submissions of the learned counsel for the applicant coupled with the fact that the applicant has no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself 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. September 11, 2025 -Amit K- NABAIL No. 1203 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench