Neutral Citation No. - 2025:AHC:41815 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1325 of 2025 Applicant :- Rajesh Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ankit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.326 of 2024, under sections 310(2), 317(3) and 317(4) B.N.S., P.S. Sajeti, District Kanpur Nagar. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The name of the applicant was disclosed by co-accused Aryan Gupta, Shailendra Singh, Rajeev Garg and Jai Singh. The said statements, insofar as they implicate the applicant is unreliable. Recovery of Pan Masala has been made from the said co-accused persons. The alleged recovery is false and planted. There is no independent witness to the alleged recovery. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and the fact that the applicant was not named in the first information report, the fact that the name of the applicant was disclosed by co-accused Aryan Gupta, Shailendra Singh, Rajeev Garg and Jai Singh, at this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Rajesh Yadav, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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 applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 21.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad