Neutral Citation No. - 2025:AHC-LKO:10426 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 84 of 2024 Applicant :- Harish Kumar Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Santosh Kumar Tripathi,Girish Kumar Tiwari Counsel for Opposite Party :- G.A.,Ambrish Kumar Pandey,Ram Janak Yadav Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, Sri Ram Janak Yadav, learned counsel for the complainant and learned AGA for the State as well as perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicant on anticipatory bail in FIR No. 165 of 2024, under Sections 419, 420, 467, 468, 471, 406 IPC, Police Station Khondare, District Gonda. From perusal of the order sheet, it appears that on 05.11.2024, the following order was passed wherein the interim protection, as granted to the co-accused in the connected matter, was extended to the present applicant:- "List alongwith Crl. Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 2210 of 2024. Protection granted by this Court vide order dated 25th of September, 2024 to the identically situated co-accused, shall also be available to the present applicant till the next date of listing." From perusal of the order dated 25.09.2024 passed in the matter of co-accused, in connected Crl. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. 2210 of 2024, it transpires that learned State Counsel, on the basis of instructions, 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 complainant has filed counter affidavit, wherein he 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, Harish Kumar Tiwari 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