Neutral Citation No. - 2025:AHC:81077 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3411 of 2025 Applicant :- Shobharam And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ajay Dubey,Shambhu Mani Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material placed on record. 2. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.109 of 2024, under section 3/5 of Prevention of Damage to Public Property Act, 1984, P.S. Saiyna, District Agra. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The applicant no.1 was the earlier Pradhan of the alleged Gram Sabha. The applicant nos. 2 to 5 are the family members of the applicant no.1. The instant prosecution has been instituted only for the purposes of harassment. No proceedings under Section 67 of U.P. Revenue Code has been instituted against the applicants. Counsel for the applicant has also placed reliance on the judgment of this Court in the case of Munshi Lal and another vs. State of U.P. and another passed in Application u/s 482 No. 9964 of 2020 dated 6.8.2020. Further, the investigation has been completed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned Court. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. 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 applicants, considering the nature of accusations and antecedents of the applicants and the fact that no proceedings under Section 67 of U.P. Revenue Code has been instituted against the applicants, at this stage, there is no substantive evidence to link the applicants with the offence, the fact that the applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. 6. In the event of arrest, the applicants Shobharam, Tej Prakash @ Ajay Sharma, Bholu @ Krishna Kant, Sonu and Monu, 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 applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (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 their before the concerned court. 7. 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 :- 16.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad