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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8381 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Shri Abhay Kumar holding brief of Shri Prakash Saxena, learned counsel for the applicant and Sri B.P.Maurya, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 95 of 2023 under Sections 420, 467, 468, 471, 120-B of IPC, Police Station Barra, District Deoria with the prayer that in the event of arrest, the applicant may be released on bail. 3. It has been contended by learned counsel for the applicant that the applicant has been falsely implicated in this case. It is further submitted that the applicant is not named in the first information report and his name has surfaced during investigation. It is further submitted that the applicant is said to be a witness of the GPF Form. It is also submitted that co-accused Ram Kishun Meena, Jai Singh Yadav and Shankar Suvan Bajpai have already been enlarged on bail by Co-ordinate Benches of this Court vide orders dated 28.04.2025 and 16.07.2025 passed in Crl. Misc. Anticipatory Bail Application U/s 482 BNSS No. 3207 of 2025 and 5593 of 2025. It is further submitted that there is no criminal history of the applicant and the charge sheet in this case has already been submitted. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court and in case he is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. Versus Counsel for Applicant(s) : Prakarsh Saxena Counsel for Opposite Party(s) : G.A. Pramod Kumar Tripathi .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
4. On the other hand, learned A.G.A. has opposed the prayer for grant of anticipatory bail and submits that the injured has received grievous injuries and he remain unconscious for a long time. 5. I have considered the rival submissions made by learned counsel for the parties. 6. Applicant is not named in the first information report and his name has surfaced during investigation. It is further submitted that the applicant is said to be a witness of the GPF Form.
It is also submitted that co-accused Ram Kishun Meena, Jai Singh Yadav and Shankar Suvan Bajpai have already been enlarged on bail by Co-ordinate Benches of this Court vide orders dated 28.04.2025 and 16.07.2025 passed in Crl. Misc. Anticipatory Bail Application U/s 482 BNSS No. 3207 of 2025 and 5593 of 2025. It is further submitted that there is no criminal history of the applicant and the charge sheet in this case has already been submitted. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant - Pramod Kumar Tripathi involved in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs.
50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till submission of police report under section 193 (3) BNSS with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court NABAIL No. 8381 of 2025 2
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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 29, 2025 RKM NABAIL No. 8381 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad