HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1447 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1-State. In view of order being passed in this petition, notices to opposite party no.2 stand dispensed with. 2. First Anticipatory Bail Application has been filed with regard to Case Crime no.54 of 2025, under Sections 191(2), 326(F),326(G), 125, 324(4), 324(5), 115(2), 351(2), 352 BNS, registered at Police Station Phool Behad, District Lakhimpur Kheri. 3. As per contents of first information report, incident is said to have taken place on 04.02.2025 at about 08.30 P.M. when the applicant alongwith co- accused is said to have entered into an altercation with informant and his family members and threw bricks at their houses as well as set fire to the house of Data Ram, brother of informant. 4. It is submitted that applicant has been falsely implicated in allegations levelled against him which would be evident from the fact that the co- accused of applicant had earlier lodged an FIR against the informant and his family members being Case Crime No.53 of 2025 with regard to the same incident with the said FIR having been lodged prior to the present FIR having been lodged on the same day. It is submitted that no injury has been caused due to the alleged incident which clearly indicates false charge. It is Versus Counsel for Applicant(s) : Aman Kumar Shrivastav Counsel for Opposite Party(s) : G.A. Asharam .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) submitted that applicant does not have any previous criminal history and undertakes to cooperate during investigation which still ongoing. 5. Learned Additional Government Advocate has opposed anticipatory bail with submission that applicant is not cooperating in the investigation but does not dispute the other aspects. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that cross FIRs have been lodged by both parties with the co-accused of applicant having lodged an FIR prior to the present FIR being lodged. It appears that no injuries has been caused and investigation still underway in which applicant undertakes to cooperate in the investigation. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNSS. 7. In view of above, it is provided that till filing of police report u/s 173(2) Cr.P.C./193 BNSS in the event of arrest, applicant Asharam shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (i) That the accused-applicant shall make himself/herself available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-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/her from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) That the accused-applicant shall not leave India without the previous permission of the Court. (iv) In case of default, it would be open for the investigating agency to move application for vacation of this order. NABAIL No. 1447 of 2025 2 8. The application stands disposed of. October 8, 2025 kkb/ NABAIL No. 1447 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench