Neutral Citation No. - 2025:AHC:12531 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11361 of 2024 Applicant :- Swami Prasad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Brij Bhushan Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as Sri V.K. Tiwari, learned A.G.A. for the State- opposite party, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 566 of 2024, under Sections 105, 324(2), 333 B.N.S., Police Station Tajganj, District Agra. 3. Learned counsel for the applicant submits that the incident is alleged to have occurred on 31.08.2024. The first information report was lodged on 02.09.2024. The delay is fatal to the prosecution case. It is contended that on the alleged date of incident due to heavy rain a wall of the deceased's house collapsed. False allegations have been levelled against the applicant. There are vague and general allegations against the applicant. The applicant is neighbour of the informant. It is next contended that other co-accused Banti and Pintu have been granted bail by this Court in Criminal Misc. Bail Application Nos. 41936 of 2024, Banti v. State of U.P., and 42740 of 2024, Pintu v. State of U.P., vide orders dated 29.11.2024 and 11.12.2024 respectively. The applicant has no criminal antecedents. The investigation is still pending and the applicant has apprehension of his arrest in the above case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, and, in particular, the fact that there are vague allegations against the applicant and at this stage there is no substantive evidence against the applicant to link with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant- Swami Prasad, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court; (iv) The applicant shall surrender her passport, if any, to the concerned Court forthwith. Her passport will remain in custody of the concerned Court; (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court; (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 B.N.S.S. 7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 24.1.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad