Neutral Citation No. - 2025:AHC-LKO:10693 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 232 of 2024 Applicant :- Mukesh Kumar Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Rahul Mishra,Sandeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, 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 Case Crime No. 0404 of 2024, under Sections 318 (4), 338, 340(2), 336(3) of BNS, 2023, Police Station Gazipur, District Lucknow. From perusal of the order sheet, it appears that on 02.01.2025, the following order was passed wherein the present applicant has been granted interim anticipatory bail:- "1. Heard learned counsel for the applicant, learned AGA for the State and perused the record. 2. 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. 404 of 2024 under Sections 318 (4), 338, 340 (2), 336 (3) BNS Police Station -Ghazipur District- Lucknow. 3. The contention of learned counsel for the applicant is that the applicant is innocent and has falsely been implicated in the instant matter with ulterior motive. He submits that he is an student and he never committed such offence. He added that he had given certificate to another co-accused for the purpose of applying admission in B. Pharma but it seems that the co-accused persons had used the same for registration in pharmacy, which was not in the knowledge of the applicant. He added that the applicant undertakes that he will cooperate with the investigation proceedings as well as in the trial proceedings and would never abscond from the same. He also submitted that the co-accused Salman Manjar has already been granted interim bail by this Court vide order dated 06.11.2024 passed in Crl. Misc. Anticipatory Bail Application u/s 482 BNSS No. 122 of 2024. (A photocopy of the order dated 06.11.2024 is annexed as Annexure 3 to the bail application.) He next added that there is acute apprehension that police will arrest him thus, submission is that the the applicant may be granted anticipatory bail. 4. On the other hand, learned AGA appearing for the State has opposed the submissions aforesaid and submits that there is ample evidence to show the complicity of the applicant in the alleged crime and therefore, he is not entitled for any relief. However, he does not dispute that the co-accused Salman Manjar has already been granted interim bail in Crl. Misc. Anticipatory Bail Application u/s 482 BNSS No. 122 of 2024. 5. Considering the aforesaid facts and circumstances of the case, till the next date of listing, the present applicant- Mukesh Kumar Sharma 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 her 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. 6. List/put up this matter in the week commencing 10.02.2025. 7. In the meantime, learned counsel for the State may file counter affidavit." From perusal of the order dated 02.01.2025, 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 applicant was enlarged on an interim anticipatory bail after thoroughly considering the merits of the case. The learned counsel for the State 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, Mukesh Kumar Sharma 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