HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1012 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J. 1. This is second anticipatory bail application seeking anticipatory bail in W/S Case No.671/2021, Case Crime No.0266/2018, under Section 306 I.P.C., at Police Station - Hussainganj, District - Lucknow. The first anticipatory bail application was dismissed for want of prosecution vide order dated 19.08.2025. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. Notice to respondent no. 2 is dispensed with in view of the proposed order. 4. Learned counsel for the applicant submits that the applicant was earlier granted interim anticipatory bail by order dated 11.12.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 2717 of 2024. It is urged that the liberty so granted has not been misused. The applicant has furnished the requisite bonds, has been released on interim anticipatory bail, and has cooperated with the investigation. Since the charge sheet has already been filed, it is argued that no useful purpose would be served by sending the applicant to jail. 5. Learned A.G.A. has opposed the bail application but has not disputed the factual position stated above. Versus Counsel for Applicant(s) : Irshad Ali, Syed Suleman Abbas Counsel for Opposite Party(s) : G.A. Ravi Prakash .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 6. Considering the order dated 11.12.2024 and the fact that the applicant has not been arrested during investigation, the charge sheet has been filed, co- accused Deepak Agarwal having a similar role, has been granted anticipatory bail vide order dated 15.09.2025 and the undertaking given on behalf of the applicant to cooperate in the trial, this Court is of the view that the applicant is entitled to anticipatory bail in view of the judgment of the Hon'ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, subject to his cooperation in the trial. 7. In view of the aforesaid, the application is allowed. The applicant is hereby enlarged on anticipatory bail on the strength of the bonds already furnished by him pursuant to the interim order dated 11.12.2024, which shall remain in force during the pendency of the trial, with the following conditions: (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. September 16, 2025 R.C. ABAIL No. 1012 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench