HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8011 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Sunil Kumar Dubey holding brief of Shri Sanjay Kumar Dubey, learned counsel for the applicant, Shri B.P. Maurya, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no.249 of 2025, under Sections 420, 409 of IPC, Police Station Kotwali Hathras, District Hathras, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the first information report has been lodged after a delay of 2 years and the applicant has already handed over the charge of the articles of Malkhana on 24.10.2023 and the applicant retired from service as Head Constable on 31.10.2023. It is further submitted that the charge of the some of the articles has already been handed over and the charge of some of the remaining articles are yet to be handed over. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that the first information report has been lodged after a delay of 2 years. 5. The applicant is a retired Head Constable and the allegation against him is Versus Counsel for Applicant(s) : Sanjay Kumar Dubey Counsel for Opposite Party(s) : G.A. Dinesh Kumar .....Applicant(s) State of U.P. .....Opposite Party(s) that he did not hand over the charge of the articles of Malkhana. The first information report has been lodged after a delay of 2 years. It has been submitted that the charge of the some of the articles has already been handed over and the charge of some of the remaining articles are yet to be handed over. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Dinesh Kumar involved in the aforesaid case crime shall be released on anticipatory bail on their 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 not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted 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/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. NABAIL No. 8011 of 2025 2 10. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 10, 2025 RKM NABAIL No. 8011 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad