HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2026 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A. for the State. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No.168 of 2025 under Section 305(a) BNS Police Station Kotwali Nagar, District Bahraich. In the prosecution case, it is alleged that the complainant is a tenant residing in a house owned by Shravan Kumar Mishra, situated opposite the Medical College. On 05.07.2025 at about 3:00 p.m., the informant's daughter was present alone at home when two unidentified persons entered the house and started making inquiries about her father. Upon being informed that her father was not present, the said persons allegedly committed theft of one Samsung mobile phone and cash amounting to Rs.9,500/- from an open cupboard, and thereafter fled away from the spot. Learned counsel for the applicant submits that the co-accused, Mohit, from whom recovery has allegedly been made, was in a relationship with the daughter of the complainant. It is contended that due to the said reason, both the applicant, Ankit, and the co-accused, Mohit, have been falsely implicated in the present case. It is further submitted that there is no recovery from the applicant and that the case of the applicant stands on a better footing than that of the co- accused, Mohit. It is also submitted that the offence is triable by a Magistrate. Learned counsel for the applicant further undertakes that the applicant shall cooperate in the investigation. Versus Counsel for Applicant(s) : Shailendra Kumar Counsel for Opposite Party(s) : G.A. Ankit Tripathi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s) Learned A.G.A. has opposed the application for anticipatory bail of the applicant. On due consideration of the facts that the applicant has no criminal history; that the offence is triable by a Magistrate; there is no recovery from the applicant; in view of the undertaking given by the applicant to cooperate in the investigation, this Court is of the considered opinion that the applicant is entitled to 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 and two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned, with the following conditions: 1. The applicant shall report to the investigating officer within ten days from today and shall cooperate in the investigation. He shall not influence any witness. 2. The applicant shall remain present as and when the arresting officer/I.O./S.H.O. concerned calls him for investigation/interrogation. 3. The applicant shall not leave India without prior permission of the Court. The application is allowed accordingly. December 18, 2025 Madhu D.R/P.S NABAIL No. 2026 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench