Neutral Citation No. - 2025:AHC:65266 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2973 of 2025 Applicant :- Naveen Upadhayay @ Rohit Upadhayay Opposite Party :- State of U.P. and Another Counsel for Applicant :- J Shubham,Jitendra Kumar Mishra Counsel for Opposite Party :- G.A.,R.K. Shahi Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri Anupam Anand, learned Brief Holder for the State- opposite party, and Sri R.K. Shahi, learned counsel for the informant, and perused the material available on record. 2. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.174 of 2024, under sections 64, 351(3) of B.N.S., P.S. Mail, District Deoria. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case due to certain other dispute between the parties. The informant/ victim was a married lady having two children. The incident was alleged to have occurred on 20.3.2024. On 21.3.2024, the informant executed a sale deed in favour of the mother of the applicant. Copy of the sale deed is annexed as Annexure-9 to the bail application. In such circumstances, it is contended that it is highly improbable that after the alleged incident the informant would execute the sale deed without raising any protest. The instant prosecution has been instituted only for the purposes of harassment. The first information report was lodged belatedly. The delay is fatal to the prosecution case. It is next contended that during the course of investigation the applicant was granted anticipatory bail till the submission of police report by this Court vide order dated 28.11.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 11014 of 2024, Naveen Upadhayay @ Rohit Upadhayay v. State of U.P. and another. The applicant had cooperated in the investigation. Charge-sheet has been submitted. The criminal history of the applicant has been explained in para 20 of the bail application. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned Brief Holder for the State and learned counsel for the informant 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, in particular, the fact that the first information report was lodged belatedly; the incident was alleged to have occurred on 20.3.2024, on 21.3.2024 the informant executed a sale deed in favour of the mother of the applicant; at this stage there is no substantive evidence to link the applicant with the offence; during the course of investigation the applicant was granted anticipatory bail till the submission of police report; the applicant had cooperated in the investigation; charge-sheet has been submitted 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- Naveen Upadhayay @ Rohit Upadhayay, 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. Further, 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 :- 28.4.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad