Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7371 of 2024 Applicant :- Yashpal @ Y Pal Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No. 58 of 2024, under Sections 420, 467, 468, 471, 34 I.P.C., Police Station Hathras Kotwali, District Hathras with the prayer that in the event of arrest, applicant may be released on bail. 3. Vide order dated 30.07.2024, co-ordinate Bench of this Court had granted anticipatory bail to the applicant. 4. Learned counsel for the applicant submits that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to co-operate during the trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. Learned A.G.A. has opposed the application for anticipatory bail/ 6. Perusal of the record shows that the applicant was granted interim anticipatory bail subject to the condition mentioned in the order was granted, in which one of the condition was to the effect that the applicant shall co-operate in the investigation and that learned counsel for the applicant failed to demonstrate that the applicant is co-operating in the investigation, thus the applicant has violated the condition and is misusing the liberty of bail. In the case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 8. Interim order, if any stands vacated. 9. The anticipatory bail application is rejected. Order Date :- 16.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad