Neutral Citation No. - 2025:AHC:132158 Court No. - 82 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12396 of 2023 Applicant :- Anil Pratap Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shambhavi Nandan Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Heard Sri Shambhavi Nandan, learned counsel for the applicant and Sri Shatrughna Yadav, learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in F.I.R./Case Crime No. 361 of 2018, under Sections 386, 427, 342, 504, 506, 120-B IPC & Section 7/13(1)A, 13(2) Prevention of Corruption Act, Police Station Sector-58 Noida, District Gautambudh Nagar, with a prayer to enlarge him on anticipatory bail. 3. Learned counsel for the applicant submitted that applicant was posted as S.H.O in police station and as per allegation, in his presence Sub-Inspector i.e. co-accused Rajesh Kumar received bribe from the complainant but entire allegation levelled against the applicant is totally false. 4. He further submitted that when applicant approached this Court during investigation against the FIR of the present case in Criminal Misc. Writ Petition No. 16861 of 2018 then after considering entire facts of the case on 16.08.2018 Division Bench of this Court was pleased to stay his arrest till submission of police report under Section 173(2) Cr.P.C. and pursuant to the order dated 16.08.2018 applicant was not arrested during investigation. 5. He further submitted that now charge sheet has been filed and after submission of charge sheet, applicant filed the instant anticipatory bail application and vide order dated 05.12.2023, he has been protected by this Court. He further submitted that there is no allegation that applicant misused the liberty earlier granted to him by this Court. 6. He further submitted that as during investigation, applicant was protected and even after submission of charge sheet, protection order was passed in his favour, therefore, he may be enlarged on anticipatory bail till trial. 7. Per contra, learned A.G.A. however, opposed the prayer for grant of anticipatory bail but could not dispute the argument on facts advanced by learned counsel for the applicant. 8. I have heard both the parties and perused the record of the case. 9. Considering the nature of allegation levelled against the applicant and fact that during investigation, applicant was duly protected and even after submission of charge sheet, when he filed the instant anticipatory bail application then protection order has been passed in his favour, in my view applicant is entitled to be released on anticipatory bail till conclusion of trial. 10. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application is allowed. 11. In the event of arrest of the applicant-Anil Pratap Singh involved in the aforesaid case crime number, shall be released on 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 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; ii. that the applicant shall not leave India without previous permission of the court; iii. that the applicant shall not tamper with the evidence during the trial; iv. that the applicant shall not pressurize/ intimidate the prosecution witness; v . that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 12. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 13. 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 :- 5.8.2025 KK Patel Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad Digitally signed by :- KRISHN KANT PATEL High Court of Judicature at Allahabad