State of U.P. and Another v. Counsel for

1. Heard counsel for the applicant and Sri N.K. Sharma, learned AGA for the State. Perused the material placed on record.

2. The applicant was granted interim anticipatory bail vide order dated

6.1.2025 passed by a co-ordinate bench of this Court. The order is quoted herein below:- "1. Heard Sri Sunil Kumar Dubey, learned counsel for the applicant, 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 an anticipatory bail to the applicant in Case Crime No.478 of 2024, under Sections-147, 149, 504, 307 I.P.C, Police Station-Baghpat, District-Baghpat.

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. Applicant is not named in the FIR. Applicant has no previous criminal history. Charge sheet has been submitted against named accused persons and investigation is going on against the applicant. Applicant is co-operating in the investigation proceedings. Instant FIR is based on false and concocted story only to harass the applicant. Story narrated in the FIR is not supported by any evidence, whole prosecution story is malicious prosecution. In case, applicant is granted anticipatory 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. Learned AGA has vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out.

5. Learned A.G.A. granted four week's time to file counter affidavit. Rejoinder 2 ABAIL No. 11820 of 2024 affidavit, if any, may be filed within two weeks thereafter.

6. List this case after six weeks.

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 crime number. 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 Station House Officer 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 if applicant has passport, the same shall be deposited before 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 pressurize/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, Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. "

3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. In the first information report, five named accused and eight to ten unknown persons are nominated. Specific role of firing upon the son of the informant has been assigned to co-accused Akash Nain @ Gattu. The name of the applicant was subsequently disclosed by the injured in his statement under Section 161 Cr.P.C. In the alleged incident the injured received single injury on his right arm. The case of the applicant is clearly distinguishable from that of named co-accused Akash Nain @ Gattu. Further, pursuant to the order dated 6.1.2025, the applicant had furnished bail bonds before the court concerned and had joined the investigation. Investigation has been 3 ABAIL No. 11820 of 2024 completed. Charge-sheet has been filed. The applicant has been summoned by the court concerned. The applicant has not violated or misused the liberty of interim bail. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial, he will not misuse the said liberty.

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

5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report, specific role of firing upon the son of the informant has been assigned to co-accused Akash Nain @ Gattu, the name of the applicant was subsequently disclosed by the injured in his statement under Section 161 Cr.P.C., in the alleged incident the injured received single injury on his right arm, the case of the applicant is clearly distinguishable from that named co-accused Akash Nain @ Gattu, the applicant had joined the investigation, charge-sheet has been filed, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by the learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail.

6. In the event of arrest, the applicant Istkar, involved in Case Crime No.478 of 2024, under Sections-147, 149, 504, 307 I.P.C, Police Station-Baghpat, District-Baghpat 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 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 he has passport the same shall be deposited by him before the concerned court.

7. In default of any of the conditions, the court concerned is at liberty to pass 4 ABAIL No. 11820 of 2024 appropriate orders for enforcing and compelling the same.

8. The application stands disposed of. September 22, 2025 S.S. (Vivek Varma,J.) SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

1. Heard counsel for the applicant and Sri N.K. Sharma, learned AGA for the State. Perused the material placed on record.

2. The applicant was granted interim anticipatory bail vide order dated

6.1.2025 passed by a co-ordinate bench of this Court. The order is quoted herein below:- "1. Heard Sri Sunil Kumar Dubey, learned counsel for the applicant, 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 an anticipatory bail to the applicant in Case Crime No.478 of 2024, under Sections-147, 149, 504, 307 I.P.C, Police Station-Baghpat, District-Baghpat.

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. Applicant is not named in the FIR. Applicant has no previous criminal history. Charge sheet has been submitted against named accused persons and investigation is going on against the applicant. Applicant is co-operating in the investigation proceedings. Instant FIR is based on false and concocted story only to harass the applicant. Story narrated in the FIR is not supported by any evidence, whole prosecution story is malicious prosecution. In case, applicant is granted anticipatory 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. Learned AGA has vehemently opposed the prayer for anticipatory bail of the applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out.

5. Learned A.G.A. granted four week's time to file counter affidavit. Rejoinder 2 ABAIL No. 11820 of 2024 affidavit, if any, may be filed within two weeks thereafter.

6. List this case after six weeks.

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 crime number. 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 Station House Officer 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 if applicant has passport, the same shall be deposited before 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 pressurize/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, Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. "

3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. In the first information report, five named accused and eight to ten unknown persons are nominated. Specific role of firing upon the son of the informant has been assigned to co-accused Akash Nain @ Gattu. The name of the applicant was subsequently disclosed by the injured in his statement under Section 161 Cr.P.C. In the alleged incident the injured received single injury on his right arm. The case of the applicant is clearly distinguishable from that of named co-accused Akash Nain @ Gattu. Further, pursuant to the order dated 6.1.2025, the applicant had furnished bail bonds before the court concerned and had joined the investigation. Investigation has been 3 ABAIL No. 11820 of 2024 completed. Charge-sheet has been filed. The applicant has been summoned by the court concerned. The applicant has not violated or misused the liberty of interim bail. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial, he will not misuse the said liberty.

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

5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report, specific role of firing upon the son of the informant has been assigned to co-accused Akash Nain @ Gattu, the name of the applicant was subsequently disclosed by the injured in his statement under Section 161 Cr.P.C., in the alleged incident the injured received single injury on his right arm, the case of the applicant is clearly distinguishable from that named co-accused Akash Nain @ Gattu, the applicant had joined the investigation, charge-sheet has been filed, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by the learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail.

6. In the event of arrest, the applicant Istkar, involved in Case Crime No.478 of 2024, under Sections-147, 149, 504, 307 I.P.C, Police Station-Baghpat, District-Baghpat 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 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 he has passport the same shall be deposited by him before the concerned court.

7. In default of any of the conditions, the court concerned is at liberty to pass 4 ABAIL No. 11820 of 2024 appropriate orders for enforcing and compelling the same.

8. The application stands disposed of. September 22, 2025 S.S. (Vivek Varma,J.) SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad