Neutral Citation No. - 2025:AHC:122697 Court No. - 65 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5645 of 2025 Applicant :- Sachin Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Supplementary affidavit filed today is taken on record. 3. Learned counsel for the applicant is permitted to undertaken the necessary corrections in the memorandum of anticipatory bail application during the course of the day. 4. Heard Sri Sanjay Srivastava, learned counsel for the applicant and Sri Rajendra Prasad Singh, learned State Law Officer for the State as well as perused the record. 5. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.152 of 2023 registered under Sections 420, 409, 506 I.P.C. at Police Station- Mansoorpur, District Muzaffar Nagar with a prayer to enlarge him on anticipatory bail. 6. Learned counsel for the applicant has stated that the applicant was enlarged on anticipatory bail till the submission of report under Section 173(2) Cr.P.C. by this Court vide order dated 3.8.2023 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No.8712 of 2023. He has not misused the said opportunity granted earlier and has co-operated during investigation. 7. Learned counsel for the applicant has stated that the final report (charge-sheet) has subsequently been filed and Section 406 I.P.C. has been deleted and the same has been submitted under Section 409 I.P.C. instead. In support of his submission, learned counsel has placed reliance upon the judgement of the Supreme Court in Aman Preet Singh vs. C.B.I. through Director AIR 2021 SC 4154, wherein the Court has clearly held that if a person, who is an accused in a non-bailable/cognizable offence, was not taken into custody during the period of investigation, in such a case, it is appropriate that he may be released on bail as the circumstances of his having not been arrested during investigation or not being produced in custody is itself sufficient to entitle him to be released on bail. 8. Learned counsel for the applicant has further stated that there are no criminal antecedents of the applicant. The applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also, failing which the State can move appropriate application for cancellation of anticipatory bail. 9. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but could not dispute the fact that the applicant was on anticipatory bail till the submission of report under Section 173(2) Cr.P.C. by this Court. 10. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Supreme Court. 11. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Sachin Kumar be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii). that 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 or tamper with the evidence; (iii). that the applicant shall not leave India without the previous permission of the court; (iv). that the applicant shall not pressurize/ intimidate the prosecution witness; (v). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vi). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. 12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 25.7.2025 (Ravi Kant) (Justice Krishan Pahal) Digitally signed by :- RAVI KANT High Court of Judicature at Allahabad