HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1639 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present bail application has been filed by the applicant apprehending his arrest in Case Crime No.154 of 2025 under Sections 318(4), 319(2), 338, 340(2), 336(3) BNS and Section 60(1) Excise Act, Police Station Kumarganj, District Ayodhya. Heard learned counsel for the applicant and learned A.G.A. for the State. Learned counsel for the applicant submits that, according to the admitted case of the prosecution, the recovery made from the shop of the applicant belongs to co-accused Girdhari. He submits that in the absence of the applicant from his shop, and on the basis of the alleged trivial recovery, the applicant has been falsely implicated. There is no public witness to the said recovery. It is further submitted that the offence is triable by a Magistrate and that the applicant has no criminal antecedents. It is also submitted that the applicant has cooperated during the course of investigation and further undertakes to cooperate in the investigation. Learned a.G.A. has opposed the application and has submitted that the investigation is going on. On due consideration of the facts that the offence is triable by a Magistrate, the applicant has no criminal antecedents, and in view of the undertaking given on his behalf to cooperate with the Versus Counsel for Applicant(s) : Faizal Hashmi, Raj Kumar Singh Counsel for Opposite Party(s) : G.A. Ravi Shankar .....Applicant(s) State Of U.P. Thru. Addl. Chief Secy. Home Lko. And Another .....Opposite Party(s) investigation, as also the fact that there appears to be no public witness to the said recovery, this Court is of the considered opinion that the applicant is entitled to be granted anticipatory bail in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his 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:- The applicant shall report to the investigating officer within ten days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. November 4, 2025 Madhu D.R/P.S NABAIL No. 1639 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench