HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8226 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Garun Pal Singh, learned counsel for the applicant and Sri Uma Shanker Mishra, 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. 147 of 2019, under Sections 363, 366 and 120B IPC, Police Station Sasni, District Hathras 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. It is submitted that no case under Sections 363 and 366 IPC is made out against the applicant as the victim herself in her statement under Section 164 CrPC stated that she has voluntarily entered into the matrimonial alliance with the applicant. It is further submitted that in this case chargesheet has already been submitted against the applicant. It is also submitted that the applicant was granted interim protection by the Division Bench of this Court and his arrest was stayed till the submission of chargesheet. It is submitted that the applicant is having no criminal history. It was also submitted that applicant undertakes to co-operate 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 Versus Counsel for Applicant(s) : Garun Pal Singh Counsel for Opposite Party(s) : G.A. Chhotu @ Ajeet .....Applicant(s) State of U.P. .....Opposite Party(s) conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 5. I have considered the rival submissions made by learned counsel for the parties. 6. As per first information report one Murari is said to have kidnapped the victim for the purpose of marriage, however, on investigation chargesheet has been submitted against the applicant. The victim in her statement under Section 164 CrPC has stated that she has voluntarily entered into the matrimonial alliance with the applicant and as per radiological report the age of the victim is above 18 years. The arrest of the applicant was stayed by the Division Bench of this Court till submission of the chargesheet. The chargesheet has been submitted in this case. The applicant is having no criminal history. 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. In 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- Chhotu @ Ajeet involved in the aforesaid case crime, he shall be released on 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 NABAIL No. 8226 of 2025 2 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 9, 2025 Abhishek NABAIL No. 8226 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad