High Court · 2025

2. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party no. 1. Perused the material available on record.

3. The applicant was granted interim anticipatory bail vide order dated 14.11.2024 passed by the co-ordinate Bench of this Court. The order is quoted herein below: "1. Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in complaint case No.1318 of 2016, under Sections 307, 324 and 506 I.P.C., P.S. Barhan, District Agra.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The impugned complaint has been lodged in counter blast of the F.I.R. lodged by the applicant against the informant. Complaint of the complainant was rejected on 07.07.2018. Thereafter complainant filed revision. The revisional court allowed the revision and set aside the order dated 07.07.2018 and remand back the case for fresh adjudication. Thereafter on 28.05.2024 the applicant has been summoned. He further submits that applicant has been has been given a role of firing but no-one has received any firearm injury. The applicant has been implicated in the case due to old enmity. It is next submitted that instant case is squarely covered under section 438 Cr.P.C. The applicant has no criminal history to his credit. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co- operate with the investigation. Applicant has definite apprehension of his arrest by the police.

4. Issue notice to respondent no.2.

5. Respondents are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter.

6. List this case immediately after expiry of the aforesaid period.

7. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the S.H.O of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the 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./C.P./A.C.P concerned. (iv) The applicant shall not tamper with the evidence during the trial. (v) The applicant shall not pressurized/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

8. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is appearing before the trial court on each and every date fixed and is contesting the proceedings. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents.

5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, for the reasons contained in the interim order dated 14.11.2024 and, in particular, the fact that the applicant is appearing before the trial court on the dates fixed, and also the fact that no adverse material has been produced by the learned AGA, which may warrant any modification in the earlier order dated 14.11.2024, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant- Naresh Kumar, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on 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 date 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 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. Further, 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. Order Date :- 20.3.2025 SKT/- SHIVA KANT TIWARI High Court of Judicature at Allahabad

2. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party no. 1. Perused the material available on record.

3. The applicant was granted interim anticipatory bail vide order dated 14.11.2024 passed by the co-ordinate Bench of this Court. The order is quoted herein below: "1. Heard learned counsel for the applicant and learned A.G.A for the State and perused the record.

2. The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in complaint case No.1318 of 2016, under Sections 307, 324 and 506 I.P.C., P.S. Barhan, District Agra.

3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. The impugned complaint has been lodged in counter blast of the F.I.R. lodged by the applicant against the informant. Complaint of the complainant was rejected on 07.07.2018. Thereafter complainant filed revision. The revisional court allowed the revision and set aside the order dated 07.07.2018 and remand back the case for fresh adjudication. Thereafter on 28.05.2024 the applicant has been summoned. He further submits that applicant has been has been given a role of firing but no-one has received any firearm injury. The applicant has been implicated in the case due to old enmity. It is next submitted that instant case is squarely covered under section 438 Cr.P.C. The applicant has no criminal history to his credit. In case, the applicant is released on bail, he would not misuse the liberty of bail and would co- operate with the investigation. Applicant has definite apprehension of his arrest by the police.

4. Issue notice to respondent no.2.

5. Respondents are granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks' thereafter.

6. List this case immediately after expiry of the aforesaid period.

7. As an interim protection, till the next date of listing fixed for hearing on this application, the applicant is granted anticipatory bail in the aforesaid case. In the event of arrest, the applicant shall be released on interim anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the S.H.O of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by the 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./C.P./A.C.P concerned. (iv) The applicant shall not tamper with the evidence during the trial. (v) The applicant shall not pressurized/intimidate the prosecution witness. (vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.

8. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant."

4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant is appearing before the trial court on each and every date fixed and is contesting the proceedings. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents.

5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, for the reasons contained in the interim order dated 14.11.2024 and, in particular, the fact that the applicant is appearing before the trial court on the dates fixed, and also the fact that no adverse material has been produced by the learned AGA, which may warrant any modification in the earlier order dated 14.11.2024, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant- Naresh Kumar, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on 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 date 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 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. Further, 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. Order Date :- 20.3.2025 SKT/- SHIVA KANT TIWARI High Court of Judicature at Allahabad