HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1758 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No.253 of 2025, under Section 109/352/351(3) BNS and Section 3/25 Arms Act, Police Station Kuraebhar, District Sultanpur. Heard learned counsel for the applicant and learned A.G.A. for the State. The allegation in the prosecution case is that on 11.10.2025 at about 5:00 p.m., accused Nitin Mishra threatened the complainant, giving him half an hour and asking him to send his location or reach Kurebhar. When the complainant crossed the Kurebhar crossing at about 6:00 p.m., two motorcycles arrived, and the riders allegedly attacked him. It is further alleged that the applicant attempted to fire at the complainant with the intention to kill; however, he was pushed into a khai (pit) by co-accused Rajeev Mishra. While leaving, the accused persons allegedly hurled abuses at the complainant. Learned counsel for the applicant submits that the applicant has been falsely implicated. It is submitted that the applicant has no criminal history. It is a case of "no fire"; no one has sustained any injury, and there is no independent witness to the incident. Learned counsel for the applicant further submits that the applicant undertakes to cooperate in the investigation. There is no recovery from the present applicant. The applicant is a student. Versus Counsel for Applicant(s) : Ravindra Shukla Counsel for Opposite Party(s) : G.A. Nitin Mishra .....Applicant(s) State Of U.P. Its Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) Learned AGA has opposed the bail application and submitted that the Investigation is going on. On due consideration of the fact that it is a case of no injury; there is no independent witness to the incident, although the alleged occurrence took place near the railway crossing and no person from the vicinity is said to have witnessed it; coupled with the fact that learned A.G.A., on perusal of the case diary, could not show that any recording, as alleged in the prosecution case, has been recovered by the investigating officer; and in view of the undertaking given on behalf of the applicant to cooperate with the investigation, I am of the opinion that the applicant deserves to be released on 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 twenty 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 19, 2025 Madhu D.R/P.S NABAIL No. 1758 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench