HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8058 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Mayank Singh, learned counsel for the applicant, Shri J.P. Singh, 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.478 of 2022, under Sections 406, 420, 504, 406 of IPC, Police Station Kotwali, District Mainpuri, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that the applicant is innocent and he has been falsely implicated in this case and no transaction has taken place in his account. It is further submitted by learned counsel for the applicants that the learned Magistrate has taken cognizance of the offences under Sections 420, 406 IPC and as per law laid-down in the case of Delhi Race Club (1940) Ltd. and Others Vs. State of Uttar Pradesh and Another, 2024 SCC OnLine SC 2248 and pointed out that both the offences under Sections 406, 420 IPC can not be applied simultaneously, as they both are antithetical to each other. It is further submitted that as per first information report, applicant and other co-accused persons, namely, Ayush Kumar Chaudhary, Ramesh Kumar Anuragi and Shubham Bharti are said to have obtained Rs.1,01,300/- in online and Rs.49,000/- in cash for securing government job to the first informant. It is further submitted that co-accused persons, namely, Ramesh Kumar Anuragi and Shubham Bharti have already been granted anticipatory bail by Co- ordinate Benches of this Court vide orders dated 24.01.2024 and 24.01.2024 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. Versus Counsel for Applicant(s) : Mayank Singh, Usha Devi Singh Counsel for Opposite Party(s) : G.A. Ashish Pratap .....Applicant(s) State of U.P. and Another .....Opposite Party(s) No.6257 of 2023 and 6935 of 2023. It is also submitted that the charge sheet in this case has already been submitted and the applicant is having no criminal history. 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. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co- operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail. 5. As per first information report, two other co-accused, namely, Ayush Kumar Chaudhary, Ramesh Kumar Anuragi and Shubham Bharti are said to have obtained Rs.1,01,300/- in online and Rs.49,000/- in cash for securing government job to the first informant. It is further submitted that co-accused persons, namely, Ramesh Kumar Anuragi and Shubham Bharti have already been granted anticipatory bail by Co-ordinate Benches of this Court vide orders dated 24.01.2024 and 24.01.2024 passed in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No.6257 of 2023 and 6935 of 2023. It is also submitted that the charge sheet in this case has already been submitted and the applicant is having no criminal history. 6. 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. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, 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. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Ashish Pratap involved in the aforesaid case crime 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 NABAIL No. 8058 of 2025 2 the satisfaction of the Court concerned, 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 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. 10. 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 14, 2025 RKM NABAIL No. 8058 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad