Neutral Citation No. - 2025:AHC:133772 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6336 of 2025 Applicant :- Saurabh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar 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.160 of 2025 under Sections 103(1) & 61(2) of B.N.S., Police Station Kotwali Kannauj, District Kannauj, with the prayer that in the event of arrest, applicant may be released on bail. 3. Learned counsel for the applicant submits that according to the F.I.R., the informant has stated that on 16.03.2025 at about 07:45 P.M. his elder son Sandeep in the state of intoxication asked his younger brother Sachin to pay him for drinking upon resistance, he assaulted with Takora, due to which he sustained injuries and was taken to hospital where he died during the treatment. Learned counsel submits that the applicant is a neighbour and is neither named in the F.I.R. nor in the first statement of the informant but in the subsequent statement (Majeed Bayan) of the informant, the informant has improvised the story to the effect that the applicant had illicit relation with wife of the named accused Sandeep and since the deceased came to know their relation, then the wife of the deceased in collusion with the applicant got him murdered. Learned counsel further argued that the F.I.R. version as well as first statement of the informant was constant but to save the skin of named accused, false and concocted story has been developed by the informant. Learned counsel further argued 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 no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to co-operate during investigation and 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. 4. Learned A.G.A.has opposed the application for anticipatory bail. 5. It may be stated that in 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, a case for anticipatory bail is made out. 7. The anticipatory bail application is allowed. 8. In the event of arrest of the applicant-Saurabh Yadav involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned the following conditions :- (i) the applicant shall make himself available for interrogation by a police officer as and when required; (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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) the applicant would co-operate during investigation and would not misuse the liberty of bail. 9. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 7.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad