HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3268 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. As per office report dated 10.7.2025 notice of the present application has been served personally on the opposite party no.2/informant. However, no one appears on behalf of the said opposite party nor any counter affidavit has been filed. 2. Heard counsel for the applicant and Sri N.K. Sharma, learned AGA for the State. Perused the material placed on record. 3. The applicant was granted interim anticipatory bail vide order dated 15.5.2025 passed by this Court. The order is quoted herein below:- "1. Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State. Perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 131 of 2024, under Section 395 I.P.C., Police Station- Ramnagar, District- Varanasi. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by the co-accused Vikas Mishra, Ajay Gupta and Surya Prakash Pandey in the police custody. The said statements, insofar as they implicate the applicant, are unreliable. During course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 30.8.2024 passed in Anticipatory Bail Application No.8286 of 2024. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. Criminal history of the applicant has been explained in para nos.25 and 26 of the bail application. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted Versus Counsel for Applicant(s) : Ashish Kumar Gupta Counsel for Opposite Party(s) : G.A. Mukesh Dubey @ Honey .....Applicant(s) State of U.P. and Another .....Opposite Party(s) anticipatory bail, he will not misuse the said liberty. 4. Matter requires consideration. 5. Issue notice to the opposite party no. 2 returnable at an early date. 6. Learned A.G.A. prays for and is granted three weeks' time to file counter affidavit. Rejoinder, if any, may be filed within a week thereafter. 7. Place this case on 14.7.2025 in the additional cause list. 8. Till the next date of listing, in the event of arrest the applicant- Mukesh Dubey @ Honey in the aforesaid case crime shall be released on interim anticipatory bail 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. 9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same." 4. Counsel for the applicant submits that the applicant has been falsely implicated in the first information report. The applicant has not committed any offence of dacoity. Further, pursuant to the order dated 15.5.2025, the applicant had furnished bail bonds before the court concerned and is appearing before the court concerned on the dates fixed. The applicant has not violated or misused the liberty of interim bail. The applicant has no criminal antecedents. In case, the applicant is granted anticipatory bail, till the conclusion of trial, he will not misuse the said liberty. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions as recorded in the interim order dated 15.5.2025, considering the nature of accusations, antecedents of the applicant and the fact that the applicant is appearing before the court concerned on the dates fixed, no violation of conditions or misuse of liberty NABAIL No. 3268 of 2025 2 of interim anticipatory bail has been pointed out by the learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 7. In the event of arrest, the applicant Mukesh Dubey @ Honey, involved in Case Crime No. 131 of 2024, under Section 395 I.P.C., Police Station- Ramnagar, District- Varanasi be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 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 him 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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. September 23, 2025 S.S. NABAIL No. 3268 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad