Neutral Citation No. - 2025:AHC:101389 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5138 of 2025 Applicant :- Nandkishore Yadav Alias Monu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kailash Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of the statement of independent witness namely Nigam Yadav produced by learned AGA, is taken on record. 2. Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned AGA for the State, and perused the material placed on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 24 of 2025, under Sections 305A, 331(4) B.N.S., Police Station Dhina, District Chandauli. 4. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. The incident is alleged to have occurred on 08.03.2025. The first information report was lodged on 27.03.2025. The delay is fatal to the prosecution case. The name of the applicant was disclosed by the alleged witness Nigam Yadav after almost 20 days of lodging the first information report. The said statement insofar as it implicates the applicant is unreliable. At this stage, there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in para 18 of the affidavit. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the applicant was not named in the first information report; the FIR was lodged belatedly, the name of the applicant was disclosed by the alleged witness Nigam Yadav after almost 20 days of lodging the first information report; at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Nandkishore Yadav @ Monu be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 1.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad