Neutral Citation No. - 2025:AHC:48027 Court No. - 45 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2321 of 2025 Applicant :- Arif Beg Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Pandey,Bipul Pandey,Nikil Pathak Counsel for Opposite Party :- G.A. Hon'ble Saumitra Dayal Singh,J. 1. Heard Sri Akhilesh Kumar Mishra, holding brief of Sri Nikil Pathak, learned counsel for the applicant and learned AGA for the State. 2. Undeniably, the applicant was granted anticipatory bail by this Court vide order dated 04.11.2020 passed in Criminal Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No.6542 of 2020 (Arif Beg v. State of UP). That order reads as below:- "1. Sri Vivek Kumar Srivastava, Advocate has filed his Vakalatnama on behalf of the informant, which is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and Sri Vivek Kumar Srivastava, learned counsel for the informant. 3. This anticipatory bail application has been filed on behalf of the applicant - Arif Beg, seeking anticipatory bail in Case Crime No.275 of 2020, under Sections - 420, 406, 352, 506 I.P.C., Police Station - Babugarh, District - Hapur, during the pendency of trial. 4. At present, there are no criminal antecedents of the applicant shown as also no real apprehension has been expressed by the State of the applicant fleeing from justice, if the present application is allowed. 5. At the outset, learned counsel for the applicant would submit that co-accused, Gulfam has already been granted bail by this Court in Criminal Misc. Anticipatory Bail Application No.6542 of 2020 vide order dated 18.09.2020. 6. In view of the above, no useful purpose would be served in keeping the present application pending or calling for counter affidavit at this stage. Without expressing any opinion on the merits of the case, the applicant is entitled to be released on anticipatory bail in this case, at this stage. 7. In the event of arrest of the applicant - Arif Beg involved in the aforesaid case crime, he shall be released on anticipatory bail till submission of police report under Section 173(2) Cr.P.C. or till conclusion of the trial, on his furnishing a personal bond of Rs. 50,000/- with two sureties of the like amount to the satisfaction of the Station House Officer of the police station concerned on the following conditions: (i) The applicant shall make him available for interrogation by a police officer as and when required. (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 from disclosing such facts to the court or to any police officer or tamper with the evidence. (iii) The applicant shall not leave India without the previous permission of the court. (iv) In default of any of the conditions mentioned above, the investigating officers shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 8. Accordingly, the present application is disposed of. " 3. Submission is that the applicant had cooperated during investigation. After submission of charge-sheet, he could not appear before the learned court below as the summons remained from being served on him. 4. On the other hand, learned AGA submits that the applicant deliberately avoided the summons and did not appear before the learned court below even after issuance of bailable warrants. After issuance of bailable warrants, the applicant applied for anticipatory bail. The applicant is, therefore, delaying the trial. 5. Having heard learned counsel for the parties and having perused the record, in the first place, it cannot be said the applicant delayed the investigation or violated the terms of the anticipatory bail order dated 04.11.2020 (noted above). Second, it also cannot be denied that, at present, charge-sheet has been submitted for offences, for which maximum sentence may not exceed seven (07) years. 6. Keeping above in mind, this Court finds the present applicant entitled to grant of anticipatory bail at this stage. 7. However, owing to objections raised by the learned AGA that the applicant is not appearing before the learned court below promptly upon issuance of summons, and/or bailable warrants, the amount of personal bond is enhanced from Rs.50,000/- to Rs.5 Lakhs. 8. Accordingly, the anticipatory application is allowed. The applicant- Arif Beg involved in Case Crime No.275 of 2020, under Sections 420, 406, 352 & 506 IPC, Police Station- Babugarh, District- Hapur, shall be released on anticipatory bail during pendency of the trial, on his furnishing a personal bond of Rs.5,00,000/- (Five Lakhs) with two sureties of the like amount to the satisfaction of the learned court below on the following conditions: (i) The applicant will continue to attend and co-operate in the trial pending before the court concerned on the date fixed after release. (ii) The applicant will not tamper with the witnesses. (iii) The applicant will not indulge in any illegal activities during the bail period. (iv) The applicant shall not leave India without the previous permission of the Court. (v) In default of any of the conditions mentioned above, the trial court will be at liberty to cancel the anticipatory bail granted to the applicant. Order Date :- 4.4.2025 P Kesari (S.D. Singh, J.) Digitally signed by :- PRACHI KESARWANI High Court of Judicature at Allahabad