Neutral Citation No. - 2025:AHC-LKO:4515 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 195 of 2024 Applicant :- Mohamad Shafiq And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Counsel for Applicant :- Ramakar Shukla Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned Counsel for the applicants, learned Counsel for the State and perused the material placed on record. Instant application has been filed with the prayer to enlarge the applicants on anticipatory bail in Case Crime No. 392 of 2024, under Sections 281, 109, 115(2), 351(3), 352 BNS, Police Station Kotwali Dehat, District Sultanpur. From perusal of the order sheet, it appears that on 18.12.2024, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "Counter affidavit filed today by the State is taken on record. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. The instant bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case Crime No. 392 of 2024, under sections 281,109,115(2),351(3),352 of B.N.S., P.S.- Kotwali Dehat, District- Sultanpur. The contention of learned counsel for the applicants is that the applicants are innocent and have falsely been implicated in the instant matter due to ulterior motive. He submits that there is no mens rea to commit the offence and the applicants are not involved in committing the same as bike is of one co-accused namely, Mohd. Nafis and being family members, they have also been implicated. He next submits that in fact, an accident took place and being annoyed, the name of the applicants and other co-accused persons has been placed in the FIR. He added that the applicants are cooperating in the investigation proceedings. He also submits that there is apprehension that the applicant will be arrested by the police thus, submission is that the 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 applicants are involved in committed offence, as such, they are not entitled to be released on anticipatory bail. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicants- Mohamad Shafiq and Tauseef Ahmad shall be released forthwith, in case of their arrest in the aforesaid case crime (supra) on an interim anticipatory bail on their 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 applicants shall not leave India without the previous permission of the court; (iv) that in case chargesheet is submitted the applicants shall not tamper with the evidence during the trial; (v) that the applicants shall not pressurize/ intimidate the prosecution witness; (vi) that the applicants 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 4th week of January, 2025. In the meantime, learned counsel for the State may file counter affidavit." From perusal of the order dated 18.12.2024, it transpires that learned State counsel has failed to demonstrate that there is any adversarial fact which are pleaded in the bail application. This Court finds that the applicants were enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State has also failed to submit any fact that the applicants are 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 applicants, namely, Mohamad Shafiq and Tauseef Ahmad till disposal of the trial subject to the following conditions:- (i) that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicants 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicants 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 interim protection. Order Date :- 22.1.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench