HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11148 of 2024 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant, 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. 234 of 2024, under Sections 406, 420, 504, 506 I.P.C., Police Station Mahrajganj, District Azamgarh, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that the present anticipatory bail application was filed after filing of charge sheet. Vide order dated 17.12.2024 the applicant was granted anticipatory bail till the next of listing. The applicant is cooperating with the trial and is regularly appearing before the concerned trial court. The applicant has an apprehension that he may be arrested in the above-mentioned case. It has further been submitted that applicant has one criminal case into his credit. It was also submitted that applicant undertakes to cooperate during trial and he would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the proceeding of trial and would obey all conditions of bail. 4. Learned A.G.A. has submitted that the applicant is cooperating with the trial and is regularly appearing before the concerned trial court. 5. 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. Versus Counsel for Applicant(s) : Pradeep Yadav Counsel for Opposite Party(s) : Aushim Luthra, G.A., Pranav Tiwary Shivnayan Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 6. 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 coupled with the fact that applicant is cooperating with the trial and is appearing regularly before the concerned trial court, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 7. The anticipatory bail application is allowed. 8. In the event of arrest of the applicant-Shivnayan Singh, involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial 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 attend the court proceedings as and when required and shall not sought any unnecessary adjournment. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence. (iii) the applicant shall cooperate during trial and would not misuse the liberty of bail. 90. In default of any of the conditions, the court concerned shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. September 25, 2025 Mustaqeem. ABAIL No. 11148 of 2024 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad