Neutral Citation No. - 2025:AHC:121708 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5625 of 2025 Applicant :- Rakesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar 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. 03 of 2022, under section 120B of I.P.C., Police Station- Harpur Budhat, District- Gorakhpur. 3. Counsel for the applicant submits that the applicant has been implicated in the present case on the basis of an application submitted by the mother of the deceased after six months of the alleged incident. The applicant is a Constable in the Border Security Force (B.S.F.) Further, as per the preliminary inquiry conducted by the Commandant (Administration), Sector Headquarter, B.S.F., Rajarhat, Kolkata, at the relevant time, the applicant was traveling in the train. It is next contended that during the course of investigation, the applicant was granted protection till submission of police report by this Court vide order dated 19.12.2022 passed in Criminal Misc. Writ Petition No. 19191 of 2022 (Rakesh Kumar vs. State of U.P. and 4 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 applicant has been implicated in the present case on the basis of an application submitted by the mother of the deceased after six months of the alleged incident, the fact that as per the preliminary inquiry conducted by the Commandant (Administration), Sector Headquarter, B.S.F., Rajarhat, Kolkata, at the relevant time, the applicant was traveling in the train, the fact that during the course of investigation, the applicant was granted protection till submission of police report by this Court, at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, 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 Rakesh 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 :- 24.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad