Neutral Citation No. - 2025:AHC-LKO:7537 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 272 of 2024 Applicant :- Jwala Prasad Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Another Counsel for Applicant :- Anand Dubey,Abhishek,Utkarsh Misra Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant and learned Counsel 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. 828 of 2024, under Sections 420, 406, 504, 506 IPC, Police Station Kotwali Nagar, District Gonda. From perusal of record, it transpires that the notice has been issued to opposite party no. 2 on 03.01.2025 and as per office report that has been served but no one is present on behalf of the complainant. Time was also granted to learned Counsel for the State to file counter affidavit but no counter affidavit has been filed till date. On 03.01.2025, the following order was passed by this Court, 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 present interim anticipatory bail application has been filed by the applicants in relation to FIR/Case Crime No. 828 of 2024, under Sections 420, 406, 504, 506 IPC, Police Station- Kotwali Nagar, District- Gonda. 3. Learned counsel for the applicant submitted that the applicant is an innocent person and has been falsely implicated in the present case. He further submitted that similarly situated co-accused persons, namely, Jitendra Kumar Tiwari and Anil Kumar have already been granted anticipatory bail by the Coordinate Bench of this Court vide order dated 16.12.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.228/2024. Therefore, the applicant is also entitled for the said benefit. 4. Copy of bail order of co-accused persons, namely, Jitendra Kumar Tiwari and Anil Kumar is taken on record. 5. Learned AGA vehemently opposed the prayer of applicant but he did not dispute on the anticipatory bail order produced before this Court by learned counsel for the applicant. 6. Considering the aforesaid facts, as indicated, and also the case of prosecution against the applicant indicated in the FIR, this Court finds that the applicant is entitled to interim anticipatory bail. 7. Taking note of the aforesaid, as an interim measure, it is provided that in the event of arrest, the accused-applicants- Jwala Prasad Tiwaribe released forthwith in the aforesaid case crime (supra) on interim anticipatory bail on furnishing a personal of Rs. 25,000/- and two sureties each in the like amount to the satisfaction of Station House Officer of the Police Station concerned with the following conditions:- (i) That the accused-applicant shall make himself 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 from disclosing such facts to the court or to any police officer; and (iii) That the accused-applicant shall not leave India without the previous permission of the Court. 8. Issue notice to the opposite party No. 2. 9. Steps in this regard be taken within a week. 10. List/put up this case on 22.01.2025. 11. In the meantime, learned AGA may file objection." From perusal of the order dated 03.01.2025, it transpires that the 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, on the basis of instructions, has also not placed 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, Jwala Prasad Tiwari 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 interim protection. Order Date :- 5.2.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench