Neutral Citation No. - 2025:AHC:86946 Court No. - 80 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3337 of 2025 Applicant :- Sehnaj And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. This application has been moved on behalf of the applicants- Jahid and Shahnaj seeking anticipatory bail in Case Crime No. 704 of 2023, under Sections 452, 307, 506 IPC, Police Station- Kotwali Shahr, District- Bijnor. 3. On 19.7.2023 at about 6.00 pm the accused applicants along with one other co-accused Sakir came to the house of the informant and applicant no.1 opened fire upon the informant and his brother-in-law Javed with intention to kill, which missed. They were threatened for life. FIR was lodged on 20.07.2023 and after investigation, charge sheet has been submitted. 4. It has been submitted by the learned counsel for the applicants that applicants are innocent and they have apprehension of arrest in the above-mentioned case, whereas there is no credible evidence against them. Allegations levelled against the applicants are false. After the investigation, charge-sheet was filed in the matter. It is further submitted that the applicants have been cooperative during the course of investigation. It is further submitted that earlier, interim protection was granted to the applicants in this case vide order dated 29.08.2023 and the said liberty was not misused by the applicants. The applicants have no criminal history to their credit. No process under Sections 82 and 83 CrPC has been issued against the appellants and the appellants have not been declared absconder. It is further submitted that no custodial interrogation is required in this matter. In case the appellants are granted anticipatory bail, they will not misuse the liberty of bail and would obey all conditions of bail. 5. Learned A.G.A. opposed the prayer for anticipatory bail but however could not dispute the aforesaid facts. 6. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory anticipatory bail bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. anticipatory bail It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering anticipatory bail with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the anticipatory bail applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. 7. Hence, considering the settled principles of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicants till end of the trial in the matter. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicants in the aforesaid case crime, she shall be released on anticipatory bail till end of the 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 applicants shall make themselves available before the court concerned on the date fixed in the matter; (ii) The applicants 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 / her from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. Concerned. 10. In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicants. Order Date :- 22.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad