Neutral Citation No. - 2025:AHC-LKO:43899 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 817 of 2025 Applicant :- Atul Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Abhishek,Utkarsh Misra Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No.- 04/2025, U/S 3 RP (UP) Act, P.S. RPF, Mankapur, District- Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State. It is alleged that on 04.03.2025, acting on information received from a secret informer, the accused persons were apprehended at the outer premises of Lakhpat Nagar Railway Station in possession of 30 stolen bags of wheat, each weighing approximately 42–45 kilograms. Learned counsel for the applicant submits that, as per the recovery memo, the applicant was not arrested from the spot and no recovery has been made from him. His name has surfaced only in the confessional statement of a co-accused. The applicant has explained his one criminal case in the bail application. It is further submitted that the alleged offence is triable by a Magistrate and the applicant undertakes to cooperate with the ongoing investigation. Learned AGA has opposed the bail application; however, he could not refute the fact that no medical examination of the applicant was conducted. Considering the submissions made, the material available on record, and particularly the fact that the applicant was not arrested from the scene of occurrence, his implication is based only on the confessional statement of a co-accused, and he has undertaken to cooperate in the investigation, I am of the view that the applicant is entitled to be granted anticipatory bail in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, subject to his cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. Order Date :- 30.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench