Neutral Citation No. - 2025:AHC:130527 Court No. - 47 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6158 of 2025 Applicant :- Hitendra Saini Alias Himendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anup Rai,Pavan Kumar Counsel for Opposite Party :- G.A. Hon'ble Siddharth,J. Heard learned counsel for the applicant and learned A.G.A. for the State. The instant anticipatory bail application has been filed on behalf of the applicant,Hitendra Saini Alias Himendra Kumar , with a prayer to release him on bail in Case Crime No. 175 of 2024 , under Section- 323,307,504 I.P.C., Police Station- Noorpur , District- Bijnor , during pendency of trial. Learned counsel for the applicant has contended that co-accused, Kallu alias Rohit Singh , has been granted anticipatory bail by this Court on 14.5.2025 in Criminal Misc. Anticipatory Bail Application U/S 482 B.N.N.S. No. 2036 of 2025. The case of the applicant stands on identical footing, hence the applicant is also entitled for bail on the ground of parity. The applicant has definite apprehension that he may be arrested by the police any time. Learned A.G.A. has opposed the prayer for anticipatory bail but does not dispute the claim of parity. Hence without expressing any opinion on the merits of the case and considering the nature of accusations and antecedents of applicant and also the second surge in the cases of novel coronavirus and possibility of further surge of the pandemic, he is directed to be enlarged on anticipatory bail as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. The future contingencies regarding anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Apex Court. In the event of arrest, the applicant shall be released on anticipatory bail. Let the applicant involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned with the following conditions:- 1. The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. 2. The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. 3. 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 her from disclosing such facts to the Court or to any police officer; 4. The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law to ensure presence of the applicant. 5. In case, the applicant misuses the liberty of bail, the Court concerned may take appropriate action in accordance with law and judgment of Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98. 6. The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 Cr.P.C. If in the opinion of the trial court, default of this condition is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of his bail and proceed against him in accordance with law. Order Date :- 4.8.2025 Atul kr. sri. Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad