Neutral Citation No. - 2025:AHC:67164 Court No. - 65 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3091 of 2025 Applicant :- Lokesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pratibha Vohra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard learned counsel for the applicant as well as Sri R.P. Patel, learned State Law Officer and also perused the material available on record. 3. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 20 of 2016, under Sections 409, 120-B IPC, Police Station Gunnaur, District Sambhal, with a prayer to enlarge him on anticipatory bail. 4. Learned counsel for the applicant has stated that the applicant is maliciously being prosecuted in the present case due to ulterior motive and he has the apprehension of his arrest. The applicant has nothing to do with the said offence as alleged by the prosecution. 5. The applicant has already been granted anticipatory bail vide order dated 28.4.2023 passed in CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 4439 of 2023 but subsequently, final report (charge sheet) has been filed under added Sections 409, 120-B IPC. The applicant has not misused the said opportunity granted to him earlier. 6. It is further submitted that the applicant has no criminal antecedents. In case, the anticipatory bail application of the applicant is allowed, he will not misuse the liberty and shall cooperate with trial. 7. On the other hand, learned State Law Officer has vehemently opposed the prayer for grant of anticipatory bail but unable to dispute the submissions raised by the learned counsel for the applicant. 8. On due consideration to the arguments advanced by the learned counsel for the parties, considering the judgements passed by Supreme Court in Bhadresh Bipinbhai Sheth vs. State of Gujarat & Another reported in 2016 (1) SCC (Cri) 240 and Manoj Suresh Jadhav & Ors. vs. The State of Maharashtra, reported in 2018 SCC OnLine SC 3428 as well as the judgement of this Court passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.9742 of 2021, and in view of the law laid down by the Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98", the applicant is entitled to be granted anticipatory bail in this case. 9. Without expressing any opinion upon ultimate merits of the case either ways which may adversely affect the trial of the case, the anticipatory bail application of the applicant is allowed. 10. In the event of arrest of the applicant, Lokesh involved in the aforesaid case crime number, shall be released on anticipatory bail till the conclusion of trial on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court Concerned, with the conditions that:- i. that the applicant shall make himself available for interrogation by a police officer as and when required; ii. that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; iii. that the applicant shall not leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 11. In case of breach of any of the above conditions, the court below shall have the liberty to cancel the bail granted to the applicant. 12. It is made clear that observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. Order Date :- 30.4.2025\Shalini (Justice Krishan Pahal) Digitally signed by :- SHALINI JAISWAL High Court of Judicature at Allahabad