Neutral Citation No. - 2025:AHC:88776 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1252 of 2025 Applicant :- Sameer Khan Advocate Alias Sameer Khan Opposite Party :- State of U.P. Counsel for Applicant :- Gaurav Srivastav,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, 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. 414 of 2019, under Sections 376, 328, 342, 504, 120-B I.P.C., Police Station Sadar Bazar, District Agra, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that after lodging of the F.I.R. the applicant and one other co-accused had approached this Court by filing Criminal Misc.Writ Petition No. 15938 of 2019 wherein a coordinate Bench of this Court while disposing of the said writ petition granted interim protection to the applicant till the submission of charge sheet. Thereafter, on submission of charge sheet the applicant preferred an application under Section 482 Cr.P.C. No. 3112 of 2020 which was finally disposed of vide order dated 07.02.2020, but the applicant could not surrender before the court concerned due to spreading of pandemic disease. There is an apprehension that the applicant may be arrested in the above mentioned case, whereas there is no credible evidence against him. As to the criminal history there are three cases into the credit of applicant, in which he is on bail. It was also submitted that applicant undertakes to cooperate during trial and he would appear as and when required by the Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the proceeding of trial and would obey all conditions of bail. 4. Learned A.G.A. has opposed the application for anticipatory bail and argued that since charge sheet has been filed, and non bailable warrant has also been issued against the applicant, therefore, applicant does not deserve any indulgence, at this stage. 5. 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, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 6. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the 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 merit of the case, no case for anticipatory bail is made out. 7. The anticipatory bail application is rejected. Order Date :- 23.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad