HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2571 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri D.K. Tripathi and Shashank Tripathi, learned counsel for the applicant and Sri S.D. Shukla, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 864 of 2024 under Section 409 IPC, Police Station Hapur Nagar, District Hapur with the prayer that in the event of arrest, the applicant may be released on bail. 3. It has been contended by learned counsel for the applicant that the present prosecution has been lodged only due to the fact that applicant had filed a complaint against the then District Magistrate before National Commission for Scheduled Caste . It is further submitted that out of the alleged 18 records of cases, 13 records have already been found and three cases are transferred to the Court of Additional District Magistrate and the remaining two cases are of running status. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court and in case he is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submits that some of the disposed of cases have been Versus Counsel for Applicant(s) : Dharmendra Kumar Tripathi, Prabha Shanker Mishra, Shashank Tripathi, Sunil Kumar Tripathi Counsel for Opposite Party(s) : G.A. Brijbhushan .....Applicant(s) State of U.P. .....Opposite Party(s) restored without any order of competent court. 5. In reply to the above, learned counsel for the applicant submits that the cases are in running status. 6. I have considered the rival submissions made by learned counsel for the parties. 7. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration. 8. Considering the submissions of learned counsel for the applicant and the fact that out of the alleged 18 records of cases, 13 records have already been found and three cases are transferred to the Court of Additional District Magistrate and the remaining two cases are of running status, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant Brijbhushan involved in the aforesaid case crime, he shall be released on anticipatory bail till submission of police report under section 193 (3) BNSS 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 not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted 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 him/her/them from disclosing such facts to the Court or to any police officer; NABAIL No. 2571 of 2025 2 (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. October 9, 2025 Madhurima NABAIL No. 2571 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad