Neutral Citation No. - 2025:AHC:137444 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6307 of 2025 Applicant :- Pankaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Singh Tomar Counsel for Opposite Party :- G.A.,Vivek Kumar Mishra Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, Sri Vivek Kumar Mishra, learned counsel for the informant 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.11 of 2025 under Sections 191(2), 115(2), 333, 352, 351(3), 105 of B.N.S., Police Station Jewar, District Gautambudh Nagar with the prayer that in the event of arrest, applicants may be released on bail. 3. Learned counsel for the applicant submits that though charge sheet in the instant case has been filed but perusal of the record shows that the ingredients of abetment is not made out against the applicant. He further submits that the Investigating Officer after collecting evidence including the statement of the informant, eye- witness as well as statement of the doctor has drawn conclusion that the deceased died due to cardiac arrest. Learned counsel has also drawn attention of this Court to the post mortem report and argued that the cause of death is cardiac shock, however viscera has been preserved. 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.as well as learned counsel for the informant have 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 applicants-Pankaj involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction concerned Court subject to the following conditions :- i) The applicant shall not tamper with the prosecution evidence. ii) The applicant shall not threaten or harass the prosecution witnesses. iii) The applicant shall appear on the date fixed by the trial court. iv) The applicant shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. v) 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 such person from disclosing facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicant in accordance with law. Order Date :- 13.8.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad