HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2083 of 2024 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present application has been filed by the applicant seeking anticipatory bail in case crime No.338 of 2020 under sections 147, 188, 294, 323, 325, 354-Kha, 452, 504, 506 I.P.C., P.S. Rajesultanpur, district Ambedkar Nagar. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. This Court while granting interim protection vide order dated 10.09.2024 has passed the following order:- "1.The present anticipatory bail application under Section 438 Cr.P.C. has been filed seeking anticipatory bail in case crime No.338 of 2020 under sections 147, 188, 294, 323, 325, 354-Kha, 452, 504, 506 I.P.C., P.S. Rajesultanpur, district Ambedkar Nagar. 2.Heard learned counsel for the applicant, Mr. Girish Kumar Pandey, learned counsel for the complainant who has filed vakalatnama today in court, which is taken on record, and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that earlier, regarding the same incident, a first information report was lodged, registered as case crime No.326 of 2020. After six days, regarding the same incident, in retaliation, present first information report has been lodged. Three persons were injured from the applicant side, in which one has suffered fracture. From the side of the complainant, all the injured have received Versus Counsel for Applicant(s) : Rishabh Mishra, Prabhat Kumar Ojha Counsel for Opposite Party(s) : G.A., Girish Kumar Pandey, Tripuresh Mishra Girish @ Girish Pathak .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home And Another .....Opposite Party(s) simple injuries. It is submitted that the first information report could not have been lodged under section 188 I.P.C. in view of specific bar provided under section 195 CrPC. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. 4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. It has been informed by learned counsel for the complainant that charge sheet has been filed in this case and during investigation, the applicant has cooperated and has not been arrested. 5.List on 25.9.2024. Objections/counter affidavit be filed, in the meantime. 6.Considering the above aspects of the matter, perusal of the record, delay in lodging the first information report, nature of injury, during investigation, the applicant has not been arrested, charge sheet has been filed, judgment of Supreme Court in Mahdoom Bava vs. CBI passed in SLP (Crl.) No. 376/2023, as also the judgment in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1 and without entering into the merit of the case, it would be appropriate to grant interim protection to the applicant under Section 438 Cr.P.C. 7. Till the next date of listing, it is provided that in the event of arrest, 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." Learned counsel for the applicant submits that in compliance of order extracted above, the applicant has filed bonds and he has been enlarged on anticipatory bail by the investigating officer. Learned counsel for the applicant further submits that charge-sheet in ABAIL No. 2083 of 2024 2 the matter has been filed. The applicant has co-operated in the investigation and further undertakes to cooperate in the trial. Learned A.G.A. has opposed the bail application, however, could not dispute the fact that the applicant has cooperated in the investigation. On due consideration to the submissions advanced, perusal of the record, so also the facts that charge-sheet in the matter has been filed, he has cooperated in the investigation and the undertaking that he shall cooperate in the trial, as also considering the dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98 and without expressing any opinion on the merit of the case, I am of the opinion that the interim protection granted earlier vide order dated 10.09.2024, is liable to be and is hereby made absolute. The application is allowed accordingly. October 27, 2025 R.C. ABAIL No. 2083 of 2024 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench