Neutral Citation No. - 2025:AHC:111888 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5285 of 2025 Applicant :- Anand Alias Mohit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhirendra Kumar Verma,V.K. Baranwal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Session in Case Crime No. 58 of 2024, under section 305 of I.P.C., Police Station- Saurikh, District- Kannauj. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. A prior dispute exists between the parties. Earlier, the maternal aunt of the applicant had lodged a first information report against the informant and others at Police Station- Saurikh registered as Case Crime No. 0614 under Sections 323, 504, 506 I.P.C. and Section 3(1)(da) of Scheduled Cases and Scheduled Tribes (Prevention of Atrocities) Act. As per the present first information report, the applicant along with two others used to harass the deceased. The nature of harassment has neither been disclosed in the first information report nor in the material collected during the course of investigation. It is next contended that the necessary ingredients to constitute the offence under Section 305 I.P.C. are not made out. The applicant, in no manner, abetted the commission of suicide by the deceased. At this stage, there is no credible evidence to link the applicant with the offence. During the course of investigation, the applicant was granted interim protection till cognizance is taken by the court concerned vide order dated 21.03.2024 passed in Criminal Misc. Writ Petition No. 4462 of 2024 (Manish Jatav and Another vs. State of U.P. and 3 others). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he 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 learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the necessary ingredients to constitute the offence under Section 305 I.P.C. are not made out, at this stage, there is no substantive evidence against the applicant, during the course of investigation, the applicant was granted interim protection till cognizance is taken by the court concerned, charge-sheet has been filed, applicant has been summoned by the concerned court, the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Anand Alias Mohit Kumar, 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 applicant shall make himself available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (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 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 :- 14.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad