Neutral Citation No. - 2025:AHC:38687 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7965 of 2024 Applicant :- Ibney Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Ausaf, Mohd Irfan, Shadab Ali Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 2. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No.0076 of 2024, under sections 147, 148, 149, 323, 386, 307, 506/34 I.P.C., P.S. Kareli, District Prayagraj. 3. Counsel for the applicant submits that the incident is alleged to have occurred on 10.4.2024. The first information report was lodged on 30.4.2024. The delay is fatal to the prosecution case. The applicant was not named in the first information report. For the first time, the name of the applicant was disclosed in the statement of the informant under Section 164 Cr.P.C. The said statement is an afterthought. The role of firing has been assigned to co-accused Ranvijay Singh. In the alleged incident no person has received injury. The co-accused Ranvijay Singh has been granted bail by this Court vide order dated 26.7.2024 passed in Criminal Misc. Bail Application No. 26366 of 2024. It is next contended that the applicant was very well known to the informant. Earlier the sister of the applicant lodged a first information report against the brother and father of the informant on 13.4.2024 registered as Case Crime No. 0063 of 2024, P.S. Kareli, District Prayagraj, under Sections 147, 504, 506, 427, 353, 387 I.P.C. In the said case charge-sheet has been submitted. Pursuant thereto, the applicant has been falsely implicated. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the fact that the applicant was not named in the first information report, the fact that the role of firing has been assigned to co-accused Ranvijay Singh, the fact that the co-accused Ranvijay Singh has been granted bail by this Court, the fact that earlier the sister of the applicant lodged a first information report against the brother and father of the informant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant Ibney Ahmad be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 173 (2) Cr.P.C., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 18.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad