HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1697 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.0056 of 2025 under Section 3(5), 61(2), 109(1), 115(2), 352, 351(2), 324(2) BNS, Police Station Patti, District Pratapgarh. Heard learned counsel for the applicant and learned A.G.A. for the State. Allegation in the prosecution case is that on 2.3.2025 at about 11.00 am a meeting was called for conducting the election of fare price shop in Village Aami Sarai. During the meeting the named accused persons and some unknown gathered and poured petrol on complainant and tried to set him ablaze with the intention to kill him, however, the complainant was saved somehow. It is further alleged that co-accused persons have beaten the complainant while abusing then with filthy languages. It is also alleged that the applicant who is living outside is one who instigated the accused pesons to cause the incident. Learned counsel for the applicant submits that first of all no one has been injured in the present case. It is admitted in the prosecution version itself that the applicant was not present at the spot. The prosecution story is false and fabricated. The remand Magistrate, vide order dated 03.03.2025, directed the release of the co-accused on personal bond, disbelieving the prosecution version. The ingredients necessary to attract Section 109 BNS are missing. The Versus Counsel for Applicant(s) : Amit Kumar Singh Counsel for Opposite Party(s) : G.A. Sachin Sharma .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. .....Opposite Party(s) applicant has explained the criminal history in paragraph 11 of the bail application. Learned counsel for the applicant undertakes that the applicant shall cooperate in the investigation. Learned A.G.A. has opposed the application, however, does not dispute the fact that the applicant presence was not found at the place of incident. Perused the record as well as the remand order passed by the Magistrate. Prima facie, the ingredients necessary to attract the offence under Section 109 BNS appear to be missing; the applicant has no criminal antecedents; the investigation is still in progress and in view of the undertaking given on his behalf to cooperate with the investigation, 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 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. In case of default, the investigating officer is at liberty to move application for cancellation of anticipatory bail of the applicant. November 14, 2025 Madhu D.R/P.S NABAIL No. 1697 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench