Neutral Citation No. - 2025:AHC-LKO:6631 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 135 of 2024 Applicant :- Aadarsh @ Bhuar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. 1. Heard learned counsel for the applicant, learned AGA for the State and perused the material placed on record. 2. Instant application has been filed with the prayer to enlarge the accused-applicant on anticipatory bail in Case Crime No. 135 of 2024, under Sections 109(1), 310(4), 310(5), 3(5) BNS and Section 3/25 of Arms Act, Police Station Kohandaur District Pratapgarh. 3. From perusal of the order sheet, it appears that on 12.11.2024, the following order was passed:- "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. 135 of 2024, under Sections 109(1), 310(4), 310(5), 3(5) BNS and section 3/25 of Arms Act Police Station Kohandaur District Pratapgarh. 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 is spelled out by the accused persons who were arrested on spot though, there is no other cogent piece of evidence against the applicant with respect to his involvement in the alleged offence. He further submits that the applicant has no previous criminal history as is mentioned in paragraph no. 17 of the anticipatory bail application and he was never involved in committing any offence. He submits that the applicant is a law abiding citizen and he undertakes that he would not abscond from the investigation proceedings and would cooperate with the same. Adding his arguments, he submits that the applicant is suffering hard for his no fault and there is acute apprehension that police will 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 the applicant is named by the co- accused in their confessional statement and police is investigating in the matter as such, he is not entitled for any relief. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Aadarsh @ Bhuar 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 in the week commencing 16.12.2024. In the meantime, learned counsel for the State may file counter affidavit. " 4. From perusal of the order dated 12.11.2024, it transpires that State counsel 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 thorough considering the merits of the case. The learned counsel for the State has also failed to substantiate that the present applicant is not cooperating with the investigation proceedings. 5. In view of the aforesaid, the present anticipatory bail application is hereby allowed while extending anticipatory bail to the applicant, namely, Aadarsh @ Bhuar 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. 6. In case of default, it would be open for the Investigating Agency to move application for vacation of this interim protection. Order Date :- 30.1.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench