Neutral Citation No. - 2025:AHC:53990 Court No. - 80 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2761 of 2025 Applicant :- Raj Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Prashant Gaur,Saurabh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. Apprehending his arrest, the present anticipatory bail application u/s 482 BNSS has been filed on behalf of the applicant - Raj Kumar in Case Crime No.83 of 2022, under Sections 420, 467, 468, 471, 120-B I.P.C., Police Station Gujaini, District Kanpur Nagar, with a prayer to enlarge him on anticipatory bail. 3. It is brought to the notice of this Court that the whole amount due to the informant has already been paid by the applicant and now even no recovery is due against the applicant. 4. It is submitted by the learned counsel for the applicant that the investigation of the case has been completed and now charge-sheet has been submitted in the matter. It is further submitted that earlier protection was granted to the applicant by this Court till filing of police report u/s 173 (2) Cr.P.C. in Crl. Misc. Anticipatory Bail Application u/s 438 Cr.P.C. No. - 10095 of 2023 vide order dated 21.11.2023 and the applicant has not misused the liberty granted to him. It is also submitted that the applicant has been cooperative during the course of investigation. After submission of the charge- sheet, no punitive process has been issued against the appellant so far. He has not been declared proclaimed offender by the trial court. It is further submitted that no custodial interrogation is required in this matter from the applicant and as such he is entitled for anticipatory bail. 5. Per contra, learned A.G.A. opposed the prayer for anticipatory bail. 6. Although charge-sheet has been submitted in the matter, but in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. 7. Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case and also the fact that the applicant has no criminal history to his credit and he has already paid the entire amount due to the informant of this case and nothing is to be recovered from the appellant, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till end of the trial in the matter. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till end of the trial on his 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 before the court concerned on the date fixed in the matter; (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 / her from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P. Concerned. 10. In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant. Order Date :- 10.4.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad