Neutral Citation No. - 2025:AHC-LKO:41864 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 852 of 2025 Applicant :- Rohit Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vikas Sharma,Heba Irfan Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. Heard Sri Vikas Sharma, learned counsel for the applicant, Sri Ranvijay Singh. learned AGA for the State and Sri Farhan Alam Osmany, who has shown his vakalatnama on behalf of the informant. The present applicant is apprehending his arrest in case crime no. 451 of 2024, under Sections 191(2), 105 of BNS P.S. Shahabad District Hardoi. Attention has been drawn towards the impugned First Information Report, wherein, the allegation of assault and beating has been attributed to all five accused persons, including the present applicant, but no specific role has been assigned to him. Challenging the impugned First Information Report, the applicant has filed Criminal Miscellaneous Writ Petition No. 8072 of 2024, wherein, after issuing the notice to the private opposite parties, the Division Bench of this Court granted arrest stay directing him to cooperate in the investigation. Learned counsel has stated that after the aforesaid order of the High Court, the applicant cooperated in the investigation now the chargesheet has been filed. He undertakes that he shall cooperate in the trial proceedings and shall not missuse the liberty if protected by this court. Learned counsel has stated that the law is trite by the apex court in Aman Preet Singh vs. C.B.I. through Director, Criminal Appeal No.929 of 2021 (arising out of SLP (Crl.) No.5234/2021), wherein, the Apex Court has held that person may not be arrested unless only for the reason that the chargesheet has been filed and the trial court concerned/competent court concerned has got any specific or valid reason to take such accuse person into custody. The present applicant is having no criminal history of any kind whatsoever. Therefore, his liberty may be protected in view of Sushila Aggarwal Vs. State (NCT of Delhi). Learned AGA as well as Sri Arun Verma have opposite the aforesaid prayer by submitting that on the basis of credible evidence against the present applicant, charge-sheet has been filed. Be that as it may, since the liberty of the petitioner was protected by the division bench of this Court till filing of charge-sheet and the present applicant undertakes that he shall cooperate in the trial proceeding and shall not misuse the liberty of anticipatory bail, therefore, considering the aforesaid subsequent development, I find it appropriate that liberty of the present applicant may be protected till conclusion of trial proceedings in view of the dictum of Hon'ble Apex Court rendered in re: Sushila Aggarwal Vs. State (NCT of Delhi)- 2020 SCC online SC 98. Therefore, it is directed that in the event of arrest, applicant (Rohit) shall be released on anticipatory bail in the aforesaid case crime number till conclusion of trial on his furnishing a personal bond of Rs.1,00,000/- with two sureties each in the like amount to the satisfaction of the trial court/ court concerned/arresting authority with the following conditions:- 1. that the applicant shall appear before the trial court on each date fixed unless his personal presence is exempted; 2. that 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 or to any police officer or tamper with the evidence; 3. that the applicant shall not leave India without prior permission of the court; 4. that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; 5. that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; 6. that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. In view of the aforesaid terms, this anticipatory bail application is dispose of. Order Date :- 22.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench