HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 97 of 2024 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard the learned counsel for the parties. 2. The applicant was granted interim anticipatory bail by means of the following order passed on 23.10.2024 by a Coordinate Bench of this Court: "Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in Case Crime No. 378 of 2024, under Sections 331(4), 305 BNS Police Station Biswan District- Sitapur. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter. He submits that the name of the applicant came into existence after the statement of the co- accused was recorded as such, the only evidence against the applicant is the confessional statement of the co-accused. He also added that the applicant has a case criminal history that too is not of previous antecedent and that has been explained. He further submits that the police has failed to collect any cogent piece of evidence against him and he has also shown the other falsity in the story of prosecution and submits there is apprehension that police will Versus Counsel for Applicant(s) : Rajiv Raman Srivastava Counsel for Opposite Party(s) : G.A. Amir .....Applicant(s) State Of U.P. Thru.Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) arrest him thus, submission is that the applicant may be granted anticipatory bail. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that he will seek detailed instructions in this matter. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Amir shall be released forthwith in the aforesaid case crime (supra) on an interim anticipatory bail on his furnishing personal bond and two solvent sureties each in the like amount to the satisfaction of the court concerned with 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 in case chargesheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. List/put up this matter on 07.11.2024, as fresh. In the meantime, learned counsel for the State may file counter affidavit or shall seek detailed instructions in this matter." NABAIL No. 97 of 2024 2 3. Although counter and rejoinder affidavits have been filed in this case, but 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. 4. In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate bench of this Court on 23.10.2024 granting anticipatory bail to the applicant. 5. In view of above, the interim order dated 23.10.2024 is made absolute and the anticipatory bail application is allowed. September 16, 2025 Preeti NABAIL No. 97 of 2024 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench