HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4701 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. As per office report dated 12.9.2025, notice of the present application has been served personally upon the opposite party no.2/informant. However, no one appears on behalf of the opposite party no.2 nor any counter affidavit has been filed on her behalf. 2. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record. 3. The applicant was granted interim anticipatory bail vide order dated 12.8.2025 passed by this Court. The order is quoted herein below;- "1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 352 of 2024, under Sections 64, 351(3), 352 BNS, Police Station Pilkhuwa, District Hapur. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant and the victim/opposite party no.2 belong to the same family. A dispute exists between the parties with regard to partition of the ancestral land. No such incident had occurred. During the pendency of the investigation the victim has filed an affidavit before the Superintendent of Police of the concerned district that no such incident had occurred and a dispute exists between parties. It is further contended that there are contradictions in the statements of the victim under Section 180 and 183 of the BNSS Act. The said contradictions discredit the prosecution case. During the pendency of the investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 17.09.2024 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No. 8776 of 2024. The criminal history of the applicant has been explained in para 3 of the supplementary affidavit. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has apprehension of his arrest in the above mentioned case. 4. Matter requires consideration. 5. Issue notice to the opposite party no.2 by registered post AD returnable at an early date. 6. Learned AGA as well as the opposite party no.2 are granted four weeks' time to file Versus Counsel for Applicant(s) : Deepak Rana Counsel for Opposite Party(s) : G.A. Akash Alias Kaluwa .....Applicant(s) State of U.P. and Another .....Opposite Party(s) counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter. 7. Place this case in the additional cause list on 08.09.2025. 8. Till the next date of listing, in the event of arrest of the applicant Akash Alias Kaluwa in the aforesaid case, shall be released on interim anticipatory bail on his furnishing a personal bond of Rs.50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every day fixed in the matter by the court concerned. (ii) The applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court. (iii) The applicant shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the concerned court. 9. In case, the applicants do not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicants shall be taken into custody, forthwith. 10. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same." 4. Counsel for the applicant contends that pursuant to interim order dated 04.8.2025, the applicant had furnished bail bonds before the court concerned and is appearing before the court on the dates fixed. The applicant has not violated any conditions or misused the liberty of interim anticipatory bail. Criminal history of the applicant has been explained in para no.3 of the supplementary affidavit. In case, the applicant is granted anticipatory bail, till the conclusion of trial he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made in the interim order dated 04.8.2025, considering the nature of accusations, antecedents of the applicants, and the fact that the applicant is appearing before the concerned court on the dates fixed. Further, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 7. In the event of arrest, the applicant Akash alias Kaluwa, involved in Case Crime No. 352 of 2024, under Sections 64, 351(3), 352 BNS, Police Station Pilkhuwa, District Hapur, be released on anticipatory bail during pendency of trial, on furnishing a fresh personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter NABAIL No. 4701 of 2025 2 by the court concerned; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. September 15, 2025 Manish Kr NABAIL No. 4701 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad