Neutral Citation No. - 2025:AHC:39792 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12300 of 2024 Applicant :- Sanjeev Kumar Gupta @ Saurabh Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Kamlesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 204 of 2015, under Sections 386, 507 I.P.C., Police Station Rajghat, District- Gorakhpur, during the pendency of trial. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The alleged mobile phone from which call was made to the wife of the informant does not belong to the applicant. In this regard reliance has been placed on Parcha No.2 dated 4.11.2025, annexed as Annexure No.2 to the affidavit filed in support of bail application. It is next contended that the necessary ingredients to constitute the offence of extortion are not made out. There is no allegation in the first information report and the material collected during investigation regarding delivery of any property, valuable security or anything signed or sealed which may be converted into a valuable security. In support of his submissions reliance has been placed on the judgement of the Hon'ble Supreme Court in the case of Isaac Isanga Musumba and others vs. State of Maharastra and others (2014) 15 SCC 357. The investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that the applicant was not named in the first information report. There is no allegation in the first information report and the material collected during investigation regarding delivery of any property, valuable security or anything signed or sealed which may be converted into a valuable security. At this stage there is no substantive evidence against the applicant. Charge sheet has been filed. The applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Sanjeev Kumar Gupta @ Saurabh Kumar, involved in the aforesaid case crime be released on anticipatory bail during pendency of 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 on each date fixed in the matter 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 from disclosing such facts to the Court; (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 concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 19.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad