HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8523 of 2025 Court No. - 65 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 Complaint Case No. 393 of 2019 (Sonu Vs. Gajaypal & others), under Sections 452, 323, 324, 504 I.P.C., Police Station Kiratpur, District Bijnor, Nagar, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicants submits that this is the second anticipatory bail application on behalf of applicants. Their first anticipatory bail application was dismissed for want of prosecution vide order dated 25.07.2025 passed by this Court. Learned counsel further submits that one co-accused, Saurabh, has also moved his second anticipatory bail application bearing No. 6402 of 2025, after his first anticipatory bail application was dismissed for want of prosecution, wherein this Court after considering the entire facts and circumstances of the case allowed the said anticipatory bail till conclusion of trial vide order dated 11.08.2025, and as the case of applicant is on the same footing than that of the aforesaid co-accused, Saurabh, therefore, applicant may also be treated to the same relief. It has further been submitted that applicants have no criminal antecedents and that no coercive process has been issued against them so far. It has also been submitted that applicants undertake to cooperate during trial and they would appear as and when required by the Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will cooperate with the trial and would obey all the conditions of bail. 4. Learned A.G.A. for the State has opposed the application for anticipatory bail. Versus Counsel for Applicant(s) : Rajeev Sawhney Counsel for Opposite Party(s) : G.A. Gajaypal Singh And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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, a case for anticipatory bail is made out. 7. The anticipatory bail application is allowed. 8. In the event of arrest of the applicants- Gajaypal Singh and Gaurav, involved in the aforesaid complaint case shall be released on anticipatory bail till conclusion of trial on his furnishing a personal bond of Rs. 50,000/- each with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions :- (i) Applicants shall attend the court proceedings as and when required and shall not sought any unnecessary adjournment and shall appear on each and every date. (ii) Applicants shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence. (iii) Applicants shall cooperate during trial and would not misuse the liberty of bail. 9. In default of any of the conditions, the court concerned shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. 10. It is expected from the concerned trial court to make all possible efforts/ endeavour to conclude the trial expeditiously. October 17, 2025 Mustaqeem. NABAIL No. 8523 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad