Neutral Citation No. - 2025:AHC:103027 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5221 of 2025 Applicant :- Shyam Swaroop Alias Shyam Swaroop Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nitin Sharma Counsel for Opposite Party :- G.A. Hon'ble Sameer Jain,J. 1. Sri Jhamman Ram, learned AGA-I, for the State, apprised the Court that he has received the instructions, therefore, the instant anticipatory bail application may be finally disposed off. 2. Heard Sri Nitin Sharma, learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I, for the State. 3. The instant anticipatory bail application has been filed on behalf of the applicants with the prayer to release him on anticipatory bail in FIR/Case Crime No.476 of 2018, under Section 7/13 Prevention of Corruption Act, 1988 and Section 504 IPC, Police Station Atrauli, District Aligarh during pendency of the trial. 4. Learned counsel for the applicant submits that applicant was posted as Forest Guard and on the basis of false allegation he has been roped in the present matter along with others. 5. He further submits that during investigation applicant filed Criminal Misc. Writ Petition No. 30749 of 2018 along with three others challenging the FIR of the present case and Division Bench of this Court on 29.10.2018 was pleased to stay his arrest and pursuant to the order passed by Division Bench of this Court, during investigation applicant was not arrested but now charge sheet has been filed and applicant is having apprehension, if he will appear before the court concerned then he will be sent to jail. 6. He further submits that even as far as merits of the case is concerned, admittedly applicant did not make any demand of bribe and same was made by co-accused Rajeev Khanna and Kishan Lal. 7. He next submits that applicant is not having any other criminal history to his credit. 8. He further submits that investigation of the case has already been completed, therefore, there is no need of custodial interrogation of the applicant. 9. He further submits that therefore, considering the above facts applicant should be enlarged on anticipatory bail during trial. 10. Per contra, learned AGA, however, opposed the prayer for anticipatory bail and submits that charge sheet was filed against the applicant in the month of May, 2024 and cognizance was taken in June, 2024 but could not dispute the fact that during investigation arrest of the applicant was stayed by Division Bench of this Court and there is no allegation that he misused the liberty granted to him. 11. Learned AGA further could not dispute the fact that there is no allegation that applicant himself made any demand of bribe. 12. Learned AGA further could not dispute the fact that applicant is not having any previous criminal history to his credit. 13. I have heard learned counsel for the parties and perused the record of the case. 14. However, applicant has been challaned under the provisions of Prevention of Corruption Act along with others but there is no allegation that he made demand of any bribe and allegation of demand of bribe was against co-accused Rajeev Khanna and Kishan Lal. 15. Further, during investigation arrest of the applicant was stayed by Division Bench of this Court. 16. Further, there is no allegation that applicant did not cooperate with the investigation. 17. Further, this Court finds merit in the argument advanced by the learned counsel for the applicant that after submission of charge sheet there is no need of custodial interrogation of the applicant. 18. Further, apprehension of arrest raised by the learned counsel for the applicant cannot be completely ruled out considering the general practice adopted by the courts now a days. 19. Further, applicant is not having any previous criminal history to his credit. 20. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be released on anticipatory bail till the conclusion of the trial. 21. Accordingly, without expressing any opinion on the merits of the case, the instant bail anticipatory application is allowed. 22. In the event of arrest of the applicant-Shyam Swaroop @ Shyam Swaroop Singh involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial case 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:- (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 temper with the evidence during the trial; (iv) that the applicants 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; 23. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants. 24. It is made clear that the 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 :- 3.7.2025 SKM Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad