Neutral Citation No. - 2025:AHC:133938 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6243 of 2025 Applicant :- Rajan Alias Babu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, Sri Tahira Shabnam, learned A.G.A. for the State and perused the record. 2. The present second anticipatory bail application has been moved on behalf of the applicant Rajan alias Babu seeking anticipatory bail in Complaint Case No. 10374 of 2023, under Sections 323, 376, 504 I.P.C., Police Station North, District Firozabad, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. The first Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 577 of 2025 has been dismissed in default by this Court. vide order dated 07.07.2025. 3. Learned counsel for the applicant submits that on an application under Section 156 (3) Cr.P.C., the case was registered as a complaint casein which the applicant was summoned. Learned counsel further argued that the applicant filed a Criminal Misc. Anticipatory Bail Application under Section 438 Cr.P.C. No. 577 of 2025 and the co-ordinate Bench of this Court vide order dated 23.01.2025 had granted interim anticipatory bail to the applicant subject to the condition contained in that order. He further submits that case was listed on 07.07.2025 and this Court had dismissed the same for want of prosecution. Learned counsel further argued that the applicant was regularly attending the trial of the case pursuant to the interim protection granted by this Court and in the absence of same, the applicant an apprehension that he may be arrested in the above-mentioned case, inspite of the fact that there is no credible evidence against him. Learned counsel further argued that the applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the 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. 4. Learned A.G.A. has opposed the application for anticipatory bail. 5. Perusal of the record shows that the applicant was granted interim anticipatory bail vide order dated 23.01.2025 subject to the condition mentioned in the order, in which one of the condition was to the effect that the applicant shall appear before the trial Court on each date fixed unless his personal appearance is exempted and perusal of the order sheets of the case shows that the applicant has violated the condition and is misusing the liberty of bail. Furthermore, no fresh ground has been pointed out by learned counsel for the applicant in the instant second anticipatory bail application. 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. 6. 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. 7. Accordingly, the prayer to grant anticipatory bail is refused. 8. However, it is open for the applicant to move regular bail before the concerned Court below. In case, such an application for bail is moved before the concerned Court below, then it is expected that the concerned Court below shall consider and decide the same keeping in mind the necessary guidelines for grant of bail as laid down in the matter of Satendra Kumar Antil Vs. Central Bureau of Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of 2021, decided on 07.10.2021), without fettering the discretion of the courts concerned and the statutory provisions governing consideration in grant of bail. 9. With the aforesaid observation s/directions, the instant application stands disposed of. Order Date :- 7.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad