Neutral Citation No. - 2025:AHC:29234 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1563 of 2025 Applicant :- Shiva Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pandey 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. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.414 of 2022, under sections 323, 504, 304, 34 I.P.C., P.S. Dibai, District Bulandshahar. 3. Counsel for the applicant submits that the applicant was not named in the first information report lodged on 22.8.2022 and has been falsely implicated in the instant case. After the death of Gautam (father of informant) the wife of deceased (Gautam) moved an application dated 21.9.2022 before the S.S.P., Bulandshahar implicating the name of the applicant and co- accused Jai Singh. The application was moved on 21.9.2022. It is contended that the said application dated 21.9.2022 is an afterthought and is unreliable. Further, the co-accused Jai Singh has been granted anticipatory bail till conclusion of trial by this Court vide order dated 12.12.2022 passed in Criminal Misc. Anticipatory Bail Application No. 12569 of 2022 (Jay Singh vs. State of U.P.). It is next submitted that during the pendency of the investigation the applicant was granted protection till submission of police report vide order dated 2.2.2023 passed in Criminal Misc. Anticipatory Bail Application No. 12412 of 2022 (Shiva vs. State of U.P.). The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 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 co-accused Jai Singh has been granted anticipatory bail till conclusion of trial by this Court, the fact that during the pendency of this application the applicant was granted protection till submission of police report by this Court. The applicant had cooperated in the investigation and no custodial interrogation is required, 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 Shiva, 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 make himself available on each and every date fixed in the matter 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 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 :- 3.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad