Neutral Citation No. - 2025:AHC:32224 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1792 of 2025 Applicant :- Vijay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 260 of 2024, under Sections 105, 351(3) B.N.S., Police Station Belhar Kalan, District Sant Kabir Nagar. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 17.09.2024. The first information report was lodged on 11.11.2024. The delay is fatal to the prosecution case. As per the medical report, at the time of admission in the hospital, the informant had informed the concerned doctor that the deceased sustained injuries due to an accident. The doctor had also recorded that the deceased at the time of admission was under the influence of alcohol. It is next contended that on 11.11.2024, the informant had also submitted an application to the District Magistrate, Sant Kabir Nagar that the deceased died in an accident and claimed compensation under the Chief Minister Farmer Accident Welfare Scheme. In such circumstances it is contended that at this stage, there is no credible evidence against the applicant. Further, the applicant has no criminal antecedents. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. has 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, the first information report has been lodged belatedly, as per the medical report, at the time of admission in the hospital, the informant had informed the concerned doctor that the deceased sustained injuries due to an accident, the deceased at the time of admission was under the influence of alcohol, the informant submitted an application to the District Magistrate, Sant Kabir Nagar that the deceased died due to an accident and claimed compensation under the Chief Minister Farmer Accident Welfare Scheme, at this stage, there is no substantive evidence against the applicant, 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 Vijay Kumar 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 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 they 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 313 of Cr.P.C. 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 :- 5.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad