HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8321 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri S.K. Dubey, learned counsel for the applicants and Sri B.P. Maurya, 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. 751 of 2010 under Sections 363, 366 IPC, Police Station Khekra, District Baghpat with the prayer that in the event of arrest, applicants may be released on bail. 3. It has been contended by learned counsel for the applicants that applicants are uncle and cousin (fufa and his son) of the main accused Satish. It is also submitted that applicants had approached this Court by way of Crl. Misc. Writ Petition No. 22319 of 2010 challenging the FIR and their arrest was stayed vide order dated 08.12.2010. It is further submitted that chargesheet was submitted which was also challenged by the applicants by way of application u/s. 482 Cr.P.C. No. 4024 of 2011 in which, applicants again secured interim protection vide order dated 08.2.2011 but on 09.7.2024, the said application was dismissed for non prosecution by this Court. It is further submitted that since chargesheet has already been submitted, no investigation remains to be conducted and the applicants are entitled to be enlarged on anticipatory bail. It is also submitted that applicants have no criminal history to their credit. It was also submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court and in case they are granted anticipatory bail, they shall not misuse Versus Counsel for Applicant(s) : Sunil Kumar Dubey Counsel for Opposite Party(s) : G.A. Dhanprakash And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the liberty of bail and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of anticipatory bail. 5. I have considered the rival submissions made by learned counsel for the parties. 6. The applicants are the uncle and cousin (fufa and his son) of the main accused Satish. Chargesheet has been filed and interim protection was granted to the applicants by this Court for a long time. 7. 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, the Court must consider nature and gravity of accusation, antecedents of accused, possibility of accused to flee from justice and that Court must also evaluate the entire available material against the accused carefully and the exact role of the accused has also to be taken into consideration. 8. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicants Dhanprakash and Pankaj involved in the aforesaid case crime, they shall be released on anticipatory bail on their 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 applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicants shall not directly or indirectly, make any inducement, NABAIL No. 8321 of 2025 2 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 applicants would cooperate during trial and would not misuse the liberty of bail. (iv) The applicants shall not leave India without prior permission of the Court concerned. 11. 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 applicants. October 17, 2025 Madhurima NABAIL No. 8321 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad