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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 13406 of 2023 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, Jai Ram Pandey, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No. 119 of 2022, under Sections 147, 149, 153, 436, 427, 379 I.P.C., and Section 3/5 of Prevention of Damages to Public Property Act, Police Station Khuldabad, District Prayagraj with the prayer that in the event of arrest, applicant may be released on bail. 3. Vide order dated 05.03.2024, co-ordinate Bench of this Court had granted interim anticipatory bail to the applicant. 4. Learned counsel further argued that there is no credible evidence against him. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to co-operate during the trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. Learned A.G.A. has opposed the application for anticipatory bail. 6. Vide order dated 17.09.2025, the counsel for the applicant was granted last opportunity to bring on record the order sheets to case to demonstrate that the applicant is abiding with the conditions imposed upon him, while granting interim anticipatory bail. Furthermore the counsel could not state Versus Counsel for Applicant(s) : Ansar Ahmad, Mohd Akram Counsel for Opposite Party(s) : G.A. Mohammad Faizan .....Applicant(s) State of U.P. .....Opposite Party(s)
that the applicant is co-operative/attending with the investigation/trial. Apart from the aforesaid, allegations are against the applicant. In the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7.
In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 8. Interim order, if any stands vacated. 9. The anticipatory bail application is rejected. September 24, 2025 S.Ali ABAIL No. 13406 of 2023 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad