Neutral Citation No. - 2025:AHC:106392 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5091 of 2025 Applicant :- Vijaypal Singh And 7 Others Opposite Party :- State of U.P. Counsel for Applicant :- Akhilesh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, Sri Anupam Anand, learned Brief Holder for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case No.6973 of 2009, arising out of Case Crime No.1021 of 2009, under Sections 395, 506 I.P.C., Police Station-Quarsi, District- Aligarh, during the pendency of trial. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. The incident is alleged to have occurred on 22.9.2009. The first information report was lodged on 11.10.2009. The delay is fatal to the prosecution case. After investigation, final report in favour of applicants was submitted by the Investigating Officer. Thereafter the protest petition was filed. Final report was rejected and the applicants were summoned vide order dated 21.12.2009. Against the order of issuing summons, the applicants had approached this Court by filing Application u/s 482 Cr.P.C. No.11924 of 2010 (Vijay Pal Singh and others vs. State of U.P. and others). The Court vide order dated 6.5.2010 directed that no coercive action shall be taken against the applicants. The said application was dismissed for want of prosecution on 17.12.2021. Thereafter, the Court had issued non bailable warrants against the applicants. It is contended that restoration application filed against the order dated 17.12.2021 is pending before this Court. The applicants had co-operated in the investigation. No custodial interrogation is required. At this stage there is no credible evidence to link the applicants with the offence. 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. has 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 counsel for the applicants, considering the nature of accusations, antecedents of the applicants, and the fact that the first information report was lodged belatedly; after investigation, final report in favour of applicants was submitted by the Investigating Officer. Thereafter the protest petition was filed. Final report was rejected and the applicants were summoned vide order dated 21.12.2009. Against the order issuing summons dated 21.12.2009, the applicants had filed Application u/s 482 Cr.P.C. in which the Court had granted interim protection to the applicants. The aforesaid application was dismissed for want of prosecution on 17.12.2021. Restoration application filed against the order dated 17.12.2021 is pending before this Court. The applicants had co-operated in the investigation. At this stage there is no substantive evidence to link the applicants with the offence. Without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants Vijaypal Singh, Bhupendra, Subhash, Surendra, Rakesh, Bhagwan Singh, Devendra Singh and Rameshpal Singh, 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 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 passports, the same shall be deposited by them 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 :- 7.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad