Neutral Citation No. - 2025:AHC:131370 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6187 of 2025 Applicant :- Chhotu Alias Yogendra Singh Alias Jogendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Shankar Kaithal 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 Case Crime No. 381 of 2018, under section 413 of I.P.C., Police Station- Rura, District- Kanpur Dehat. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. During the course of investigation, the applicant was granted bail by Additional District and Sessions Judge, Court No. 9, Kanpur Dehat vide order dated 01.11.2018 passed in Bail Application No. 2342 of 2018 in Case Crime No. 381 of 2018 under Sections 41 and 411 I.P.C., Police Station- Rura, District- Kanpur Dehat. During the course of investigation, Section 413 I.P.C. has been added. False recovery has been shown. There is no independent witness to the alleged recovery. Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has been summoned by the concerned court. The criminal history of the applicant has been explained in para no. 21 of the bail application. 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, considering the nature of accusations and the fact that during the course of investigation, the applicant was granted bail by Additional District and Sessions Judge, Court No. 9, Kanpur Dehat vide order dated 01.11.2018 passed in Bail Application No. 2342 of 2018 in Case Crime No. 381 of 2018 under Sections 41 and 411 I.P.C., Police Station- Rura, District- Kanpur Dehat, there is no independent witness to the alleged recovery, 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 Chhotu Alias Yogendra Singh Alias Jogendra Singh, 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 :- 5.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad