HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8130 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicant, Sri 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. 380 of 2022, under Sections 352, 447, 386 of B.N.S., Police Station Izzat Nagar, District Bareilly with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant as per first information report. He next submitted that applicant is not named in the first information report. It is submitted that as per first information report there is an allegation is that Rs.5,00,000/- were demanded from the first informant by the accused persons on the point of gun. It is further submitted that there is no evidence regarding any transaction of money between the first informant and the accused persons. Therefore, offence under Section 386 Cr.P.C. is not made out. He further submitted that the applicant has criminal history of one case, which has been explained in paragraph no. 18 of the memo of the application. He further submitted that applicant is involved in one another case, which has been explained in paragraph no. 18 of the memo of the application. It was also submitted that applicant undertakes to co-operate Versus Counsel for Applicant(s) : Adarsh Bhushan, Ishwar Chandra Tyagi, Ram Charan Lal Counsel for Opposite Party(s) : G.A. Jaswant Singh Alias Guddu Pradhan .....Applicant(s) State of U.P. and Another .....Opposite Party(s) during trial and he would appear as and when required by the investigating agency or Court. 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 has submitted that name of the applicant has surfaced during the investigation and allegations are serious in nature. 5. I have considered the rival submissions made by learned counsel for the parties. 6. The applicant is not named in the first information report, the first informant is said to have demanded Rs. 5,00,000/- by the accused persons on the point of gun. However, there is no evidence whether any transaction of money took place between the first informant and the accused persons. The name of accused persons have surfaced during the investigation, which is said to be still under progress. 7. 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, the 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. 8. Keeping in view of the above facts and circumstances of the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, 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. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant- Jaswant Singh Alias Guddu Pradhan involved in the aforesaid case crime, he shall be released on NABAIL No. 8130 of 2025 2 anticipatory bail on his 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 cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. 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 herein. October 7, 2025 Neetu NABAIL No. 8130 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad