Neutral Citation No. - 2025:AHC:85935 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2679 of 2025 Applicant :- Chhatrapal Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, 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. 190 of 2008, under Sections 420, 467, 468, 471 I.P.C., Police Station Gabhana, District Aligarh, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that after lodging of the F.I.R. the investigation was conducted by the Investigating Officer, which culminated into the charge sheet against the applicant, whereupon the applicant approached this Court by filing an application under Section 482 Cr.P.C. for quashing of charge sheet filed against him and this court vide order dated 07.01.2020 stayed the further proceedings. Thereafter, the said application was dismissed for want of prosecution vide order dated 12.01.2017. Thereafter, applicant moved recall application before this Court, who vide order dated 24.01.2018 while recalling the said order, disposed of the said application directing the applicant to move discharge application before the court concerned. Thereafter, applicant moved discharge application before the court concerned which was rejected by the court concerned vide order dated 16.01.2021. Thus, there is an apprehension that the applicant may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to cooperate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. has opposed the application for anticipatory bail by contending that against the order dated 16.01.2021 passed by the court concerned rejecting the discharge application of the applicant, the applicant again approached this Court by filing Criminal Revision No. 2154 of 2022, which revision was dismissed vide order dated 03.06.2022 passed by this Court observing that it is always open for the revisionist to prefer an appropriate application seeking bail, which order has not been complied by the applicant and even applicant has annexed that order passed in the said criminal revision. Therefore, applicant does not deserve any indulgence at this stage. 5. 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, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 6. In the instant case, considering the settled principle 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, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 7. The anticipatory bail application is rejected. Order Date :- 21.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad