Neutral Citation No. - 2025:AHC-LKO:4216 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2749 of 2024 Applicant :- Deepak Saroj @ Deepak Kumar Opposite Party :- State Of U.P. Thru. Addl. Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Amar Nath Dubey,Neetendra Singh Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard counsel for the applicant, learned AGA for the State and perused the record. The instant application under section 438 of Cr.P.C. has been filed for anticipatory bail in Case Crime No. 116 of 2023 under sections 380 and 457 of IPC Police Station- Jethwara District- Pratapgarh. The contention of counsel for the applicant is that applicant is innocent and has falsely been planted by the police in the instant matter. He submits that the applicant is not named in the first information report and his name came into light only on the basis of confessional statement of the co-accused. He also added that there is no ample evidence and without collecting any cogent piece of evidence police has filed the chargesheet. He next submits that since the chargesheet has been filed thus, there is no possibility that the applicant would tamper the evidence or flee away from the trial proceedings. He added that there is a case criminal history of the applicant which has been explained and that too is after lodging of the first information report. He also submits that there is acute apprehension that the applicant will be arrested by the police thus, submission is that he may be granted anticipatory bail. On the other hand, learned counsel appearing for the State has opposed the contentions aforesaid and submits that during course of investigation and on the basis of confessional statement of the co-accused, the applicant was found involved in committing offence and there is ample evidence against him thus, the applicant is not entitled for any relief. Having heard counsels for the parties and after perusal of material placed on record, it transpires that the chargesheet has been filed and there is no complaint that the applicant has ever absconded from the trial proceedings or investigation proceedings; further the applicant has a case criminal history which has been explained and he is not named in the first information report and only the basis of confessional statement of the co-accused he has been implicated in the present case. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Deepak Saroj @ Deepak Kumar, be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) that the applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court; (iv) that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial; (v) that the applicant shall not pressurize/ intimidate the prosecution witness; (vi) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii) that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 22.1.2025 Mayank Digitally signed by :- MAYANK PRATAP SINGH High Court of Judicature at Allahabad, Lucknow Bench