Neutral Citation No. - 2025:AHC:141379 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 9726 of 2023 Applicant :- Sunil Kumar Goswami@ Abhishastri Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Amar Nath Singh,Amit Daga,Ram Prakash Sharma Counsel for Opposite Party :- G.A.,Ram Pravesh Yadav,Swatantra Kumar Rai 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. 249 of 2022, under Sections 354C, 376, 506 I.P.C. and Section 3/4, 11/12 of Protection of Children From Sexual Offences Act read with Section 67 of I.T. Act, Police Station Bakhira, District Sant Kabir Nagar, with the prayer that in the event of arrest, applicant may be released on bail. 3. The perusal of the order-sheet shows that earlier the applicant was granted interim protection vide order dated 28.08.2023 in his favour in the nature of no coercive action be taken against him which was extended by co-ordinate Bench of this Court vide orders dated 25.09.2023, 24.11.2023 and then he was granted interim anticipatory bail by this Court vide orders dated 05.1.2024, 24.01.2024, 15.02.2024 and 12.03.2024. Also it further reveals from the order sheet that on the last occasion, i.e., 08.07.2025 this Court had vacated the interim protection granted to the applicant. 4. Learned counsel for the applicant has produced a copy of order sheet of the trial court during the course of argument, which is taken on record and is marked as 'X'. 5. Learned counsel for the applicant has fairly admitted that from the order sheet of trial it appears that applicant is not cooperating with the trial, however, he has submitted that there is no credible evidence against the applicant. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to cooperate during the 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 again and will cooperate with the trial and would obey all conditions of bail. 6. Learned A.G.A. has opposed the application for anticipatory bail and submits that since as per the order sheet of the trial the applicant is not cooperating with the investigation, therefore, his anticipatory bail application deserves to be dismissed. 7. Perusal of order sheet of the trial produced by the learned counsel for the applicant during the course of argument, goes to show that the applicant is not cooperating with the investigation, thus, the applicant has violated the condition and is misusing the liberty of bail. 8. In the 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. 9. 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 and considering the fact that applicant is not cooperating with the trial, no case for anticipatory bail is made out. 10. The anticipatory bail application is rejected. 11. Interim order, if any stands vacated. Order Date :- 19.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad