Neutral Citation No. - 2025:AHC-LKO:28806 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 526 of 2025 Applicant :- Shiv Kumar Opposite Party :- State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another Counsel for Applicant :- Pawan Kumar Dwivedi,Anupam Bajpai,Vijay Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. In view of order being passed, notices to opposite party no.2 stand dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.208 of 2021 under Section 12/13 of Prevention of Corruption Act and Section 21(4) Mines and Minerals Act, P.S. Mill Area, District Raebareli. 4. As per contents of first information report, a video was being circulated on social media on 27.05.2021 indicating applicant as police constable being bribed for purposes of illegal mining on Government land. 5. It has been submitted that applicant has been falsely implicated in allegations levelled against him and that in fact there is no veracity of the alleged video. It is submitted that there is no averment in the F.I.R. that any actual mining was being undertaken on Government property. It is therefore submitted that entire F.I.R. has been lodged only on the basis of suspicion. It is also submitted that applicant does not have any previous criminal history and has cooperated in investigation. 6. Learned Additional Government Advocate has opposed anticipatory bail with submission that from a bare perusal of F.I.R., Sections of Prevention of Corruption Act are clearly indicated against applicant. It is however admitted that applicant does not have any previous criminal history. 7. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, prima facie, it appears that F.I.R. has been lodged only on the basis of a video being circulated on social media. The veracity and genuineness of the said video would be subject matter of evidence during course of trial. It does not appear from a perusal of F.I.R. that any actual mining was underway in which applicant was involved. It is admitted that applicant had cooperated during investigation and he, does not have any previous criminal history. It is stated that applicant is ready and willing to cooperate during trial. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant anticipatory bail to applicant under Section 438 Cr.P.C./482 BNSS. 8. In view of the above, it is provided that in the event of arrest, applicant Shiv Kumar shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:- (i) 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 from disclosing such facts to the court or tamper with the evidence; (ii) The applicant shall not leave India without the previous permission of the court; (iii)The applicant shall not pressurize/ intimidate the prosecution witness; (iv)The applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (v) In case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. 9. It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. 10. The application stands disposed of. Order Date :- 16.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench