HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2753 of 2023 Court No. - 73 HON'BLE SAMEER JAIN, J. 1. Sri Ashutosh Singh, learned AGA for the State apprised the Court that he has received the instructions, therefore, instant anticipatory bail application may be finally disposed off. 2. Heard Sri Ramesh Kumar Mishra, learned Advocate holding brief of Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri Pawan Kumar Pandey, learned Advocate holding brief of Sri Ram Yash Chauhan, learned counsel for for informant and Sri Ashutosh Singh, learned AGA for the State. 3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 0270 of 2022, under Sections 323, 504 IPC and Section 7 and 13 P.C. Act, Police Station Jansath, District Muzaffar Nagar with a prayer to enlarge him on anticipatory bail during trial. 4. Learned counsel for the applicant submits, applicant is ARO (Area Rationing Officer) and as per allegation informant was fair price shop owner and applicant made demand of bribe from him under the threat to cancel his license but entire allegation leveled against the applicant is totally false. 5. He further submits, when during investigation, applicant filed instant anticipatory bail then on 17.03.2023 coordinate Bench of this Court directed that applicant shall not be arrested till the next date of listing and thereafter time to time interim order granted in favour of applicant has been extended. Versus Counsel for Applicant(s) : Abhay Singh Tomar, Abhishek Bhushan, Adarsh Bhushan, Amit Kumar Srivastava Counsel for Opposite Party(s) : G.A., Ram Yash Chauhan Vikash Kumar @ Vikash Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 6. He further submits, charge-sheet has been filed on 06.09.2025 and court concerned also took cognizance and issued summons to the applicant. He next submits, as charge-sheet has been filed against applicant, therefore, there is no need of custodial interrogation of the applicant. 7. He further submits, applicant is having apprehension that if he will appear before the court concerned then he will be sent to jail. He further submits, applicant is not having any criminal history. 8. He further submits, therefore, considering the above facts, applicant may be enlarged on anticipatory bail till trial. 9. Per contra, learned AGA as well as learned counsel for informant opposed the prayer for anticipatory bail but could not dispute the fact that during investigation pursuant to the order of this Court applicant was not arrested and now charge-sheet has been filed. 10. I have heard learned counsel for the parties and perused the record of the case. 11. However, as per allegation, applicant was public servant and he was Area Rationing Officer and he made demand of bribe from the complainant but it reflects, during investigation when applicant in the year 2023 filed instant anticipatory bail application then interim order was passed in his favour and record further suggests that during pendency of instant anticipatory bail application in the month of September, 2025 charge-sheet has been filed against applicant and there is no allegation that during investigation applicant did not cooperate with the investigation. 12. Further, after submission of the charge-sheet it appears, custodial interrogation of the applicant is not required. 13. Further, apprehension of arrest raised by the applicant cannot be ruled out. 14. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till conclusion of trial. 15. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. ABAIL No. 2753 of 2023 2 16. In the event of arrest of the applicant- Vikash Kumar @ Vikash Singh involved in the aforesaid case crime number, shall be released on bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions:- i. 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; ii. that the applicant shall not leave India without previous permission of the court; iii. that the applicant shall not tamper with the evidence during the trial; iv. that the applicant shall not pressurize/ intimidate the prosecution witness; v. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 17. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 18. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. October 17, 2025 AK Pandey ABAIL No. 2753 of 2023 3 (Sameer Jain,J.) Digitally signed by :- ANUPAM KUMAR PANDEY High Court of Judicature at Allahabad