HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 3828 of 2025 Court No. - 81 HON'BLE AVNISH SAXENA, J. 1. Sri Girijesh Kumar Gupta, learned counsel appears for the applicant and submits that the accused-applicant has the role of committing criminal conspiracy to murder wherein, other co-accused with whom accused has allegedly conspired, faced trial and have been acquitted by the trial court by judgement and order dated 11.11.2022 passed in Sessions Trial No.838 of 2018 (State Versus Jitendra Singh alias Kake and others) arising out of Case Crime No.327 of 2018 under Sections 302, 201 and 120-B I.P.C., Police Station Baheri, District Bareilly. 2. Learned counsel for the applicant has drawn attention of this Court towards notice issued to the witness under Section 344 Cr.P.C. It is further submitted that the trial court while acquitting the co-accused has made observation that F.I.R. has been lodged on incorrect facts. 3. The applicant was in Portugal at the time of incident and there was allegation of criminal conspiracy on the part of the accused-applicant. He further submits that the role of accused is of conspiracy with those accused who have already been acquitted. He, therefore, is before the Court seeking interference so that the accused may face trial,but should not be arrested, hence he restricts the relief for granting protection from arrest to the applicant. 4. Learned A.G.A. appears for the State. 5. There is no point in issuing notice to opposite party no.2. 6. Considering the fact that co-accused, who have faced trial, have already Versus Counsel for Applicant(s) : Girijesh Kumar Gupta, Shiv Shankar Pd Gupta Counsel for Opposite Party(s) : G.A. Gurjit Singh Alias Monu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) been acquitted by the trial court after appreciation of evidence, this Court is of the view that the accused-applicant shall not be arrested for 30 days. Prior to expiry of the aforesaid period, he should appear before the trial court and apply for bail. The bail application is to be disposed of by the trial court on the date of its filing, as all the records are before the court, considering that accused-applicant has the role of conspiracy with those accused who have already been acquitted and further that the accused-applicant was not at the place of the incident at the time of the occurrence. 7. The application is disposed of accordingly. October 29, 2025 MN/- A482 No. 3828 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad