Neutral Citation No. - 2025:AHC:30603 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12076 of 2024 Applicant :- Adesh Tyagi Alias Bitto Tyagi Opposite Party :- State of U.P. Counsel for Applicant :- Sachin Malik Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application for anticipatory bail has been filed by applicant - Adesh Tyagi Alias Bitto Tyagi in connection with Case Crime No. 191 of 2023, under Sections 376, 506 IPC, Police Station Civil Lines, District Meerut. 3. It is alleged in the F.I.R. that on the false pretext of marriage, the accused applicant made physical relations with the prosecutrix and also prepared obscene photographs and videos of the prosecutrix and subsequently refused to marry her and threatened her to make viral the said videos and photographs. F.I.R. was lodged on 15.6.2023 and charge sheet was submitted on 14.08.2023. 4. It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. He has been falsely implicated in this matter. Allegations levelled against the applicant are false. After the investigation, charge-sheet was filed in the matter. It is further submitted that the applicant has been cooperative during the course of investigation. It is further submitted that earlier, interim protection was granted to the applicant in this case by this Court vide order dated 08.08.2023 and the said liberty was not misused by the applicant. The applicant has criminal history of one case which has been explained. No anticipatory bail process under Sections 82 and 83 CrPC has been issued against the applicant and the applicant has not been declared absconder. It is further submitted that no custodial interrogation is required in this matter. In case the applicant is granted anticipatory bail, he will not misuse the liberty of bail and would obey all conditions of bail. 5. Learned A.G.A. opposed the anticipatory bail application. 6. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. 7. Hence, considering the settled principles 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 of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till end of the trial in the matter. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant in the aforesaid case crime, she shall be released on anticipatory bail till end of the trial 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 before the court concerned on the date fixed in the matter; (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 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 he has passport, the same shall be deposited by him before the S.S.P./S.P. Concerned. 10. In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant. Order Date :- 4.3.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad