1. Heard Sri Niklank Kumar Jain, 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 Criminal Case No. 8080 of 2023, arising out of Case Crime No. 123 of 2020, under Sections 304 I.P.C, Police Station- Nidhauli Kalan, District- Etah.

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. Initially, first information report was registered under Sections 279, 338, 304-A I.P.C. in the year 2020. Applicant applied for bail and he was released on bail, thereafter, Investigating Officer after about seven months recorded mazeed bayan of the informant, wherein, informant has made allegation that applicant has intentionally hit his mother because of some dispute took place between the parties, as a result, she died. He next submitted that Investigating Office has submitted charge-sheet under Section 304 I.P.C. against the applicant. He next submitted that informant filed claim application in respect of accidental death of his mother, which is pending before Motor Accident Claims Tribunal. From perusal of mazid bayan, no offence under Section 304 I.P.C. is made out against the applicant. Moreover, applicant has been enlarged on bail by learned Trial Court in first information report registered under Sections 279, 338, 304-A I.P.C. Applicant has also filed Application U/S 482 No. 32225 of 2024 before this Hon'ble Court and this Court vide order dated 08.01.2025 dismissed the same as not pressed, thereafter, applied filed the present anticipatory bail application. He further submitted that since charge-sheet has been submitted and applicant was earlier released on bail by learned Trial Court and he has not misused the liberty granted to him, therefore, he may be released on anticipatory bail as Investigating Officer without collecting any material evidence has submitted charge-sheet under Section 304 IPC. In case, applicant is granted anticipatory bail, he would not misuse the liberty of bail and would co-operate with the trial. 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. Issue notice to Opposite Party No. 2 returnable at an early date.

6. Learned A.G.A. granted four weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be filed within two weeks thereafter.

7. List thereafter.

8. 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. 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 Court concerned with the following conditions:-

(i) The applicant shall make himself available on the dates fixed by the Trial Court;

(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 applicant has passport, the same shall be deposited 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 pressurize/intimidate the prosecution witness.

(vi) The applicant shall appear before the trial court on each date fixed unless personal presence is exempted.