Neutral Citation No. - 2025:AHC:9240 Court No. - 65 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 383 of 2025 Applicant :- Sourabh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised. 2. Heard Sri Sanjay Kumar Yadav, learned counsel for the applicant and Sri Deepak Kumar Singh, learned A.G.A. for the State as well as perused the record. 3. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 152 of 2024, registered under Section 309(4) B.N.S., at Police Station- Gagalhedi, District- Saharanpur with a prayer to enlarge him on anticipatory bail. 4. As per prosecution story, the applicant alongwith two unknown persons is stated to have stolen the motorcycle of the informant bearing no.UK017R4449 in which he had his ATM card pin and UPI code written on paper alongwith Rs.2,000/-. The applicant and other co-accused persons are stated to have withdrawn an amount of Rs.69,000/- using the same. 5. Learned counsel for the applicant has stated that the applicant has been falsely implicated in this case. The FIR is delayed by about two days and there is no explanation of the said delay caused. The applicant is very well known to the informant, as such, the said delay in institution of FIR speaks volume of false implication. The recovery of the mobile phone and motorcycle of the informant has been made from the co-accused persons, as such, the offence committed, if any, may be attributed to the arrested accused persons. Learned counsel has stated that initially the FIR indicated the assailants to be three in number, but the same has been inflated to eleven. The increasing of number of the assailants falsifies the prosecution story. 6. Several other submissions have been made on behalf of the applicant to demonstrate the falsity of the allegations made against him. The circumstances which, as per counsel, led to the false implication of the applicant have also been touched upon at length. The applicant has apprehension of his arrest. There is no criminal antecedent of the applicant. Learned counsel has stated that the applicant undertakes that he has co-operated in the investigation and is ready to do so in trial also failing which the State can move appropriate application for cancellation of anticipatory bail. 7. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application but unable to dispute the submissions raised by the learned counsel for the applicant. 8. On due consideration to the arguments advanced by learned counsel for the applicant as well as learned A.G.A. and considering the nature of accusations and antecedents of the applicant and taking into consideration the delay in institution of FIR, the applicant is liable to be enlarged on anticipatory bail in view of the judgment of Supreme Court in the case of "Sushila Aggarwal Vs. State (NCT of Delhi), (2020) 5 SCC 1". The future contingencies regarding the anticipatory bail being granted to applicant shall also be taken care of as per the aforesaid judgment of the Supreme Court. 9. In view of the above, the anticipatory bail application of the applicant is allowed. Let the accused-applicant- Sourabh Kumar be released forthwith in the aforesaid case crime (supra) on anticipatory bail till the conclusion of trial on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i). that the applicant shall make himself available for interrogation by a police officer as and when required; (ii). 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 him from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii). that the applicant shall not leave India without the previous permission of the court; (iv). that in case charge-sheet is submitted the applicant shall not tamper with the evidence during the trial; (v). that the applicant shall not pressurize/ intimidate the prosecution witness; (vi). that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; (vii). that in case of breach of any of the above conditions the court concerned shall have the liberty to cancel the bail. 10. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and shall not affect the trial. Order Date :- 20.1.2025 Vikas (Justice Krishan Pahal) Digitally signed by :- VIKAS VERMA High Court of Judicature at Allahabad