Neutral Citation No. - 2025:AHC:123797 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5730 of 2025 Applicant :- Kuldeep Chauhan Opposite Party :- State of U.P. Counsel for Applicant :- Indra Raj Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 3. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 679 of 2023, under Sections 420, 379, 411, 409 of I.P.C., Police Station- Rasulpur, District- Firozabad. 4. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant surfaced after six months of the alleged incident. The essential ingredients to constitute the alleged offences are not made out against the applicant. At this stage, there is no credible evidence to link the applicant with the offence. The named co-accused Gaurav Kumar has been granted anticipatory bail by this Court vide order dated 07.08.2024 passed in Criminal Misc. Anticipatory Bail Application No. 7363 of 2024 (Gaurav Kumar vs. State of U.P.). The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that the applicant was not named in the first information report, the name of the applicant surfaced after six months of the alleged incident, the essential ingredients to constitute the alleged offences are not made out against the applicant, at this stage, there is no credible evidence to link the applicant with the offence, the named co- accused Gaurav Kumar has been granted anticipatory bail by this Court, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. 7. In the event of arrest, the applicant Kuldeep Chauhan, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 28.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad