HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1252 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.127 of 2015 under sections 352, 504, 506, 427, 379, 411 I.P.C., P.S. Ranganj, district Pratapgarh. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that the applicant along with the co- accused persons have due to enmity dug a pit of about 60' length, 3' width and 4' depth on the other side of the wall of the complainant and filled it with water during night which collapsed. The accused persons are also alleged to have stolen bricks etc of the wall. When the complainant objected, it is alleged that they have beaten the complainant and hurled abuses. 4.Learned counsel for the applicant submits that the co-accused persons, namely Sant Prasad Mishra and Shiv Narayan Mishra have been granted anticipatory bail by the Sessions Court, Pratapgarh vide orders contained in Annexure No.10 to the bail application. The anticipatory bail application of the accused applicant having similar allegation has been rejected by the Sessions Court without adverting to the favourable order granted in case of the co-accused persons. Charge sheet in the case has already been filed. Cognizance has been taken on 23.7.2015. Supplementary charge sheet has also been filed in the year 2016. Versus Counsel for Applicant(s) : Praveen Shukla, Rishabh Tripathi Counsel for Opposite Party(s) : G.A. Akhilesh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) It is further submitted that the applicant is innocent. He seeks parity with the bail order of the co-accused, referred to above. The offences are triable by Magistrate. The applicant has no criminal history. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 6.Considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, bail order of the co-accused, offences are triable by Magistrate, charge sheet has been filed, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. November 13, 2025 kkb/ ABAIL No. 1252 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench