Neutral Citation No. - 2025:AHC:122811 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8009 of 2024 Applicant :- Durga Prasad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shambhavi Nandan Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. IInd Supplementary affidavit filed today in the Court on behalf of applicant, is taken on record. 2. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime No. 766 of 2020, under Sections 420, 467, 468, 471, 120-B, 409 I.P.C., Police Station Sihani Gate, District Ghaziabad with the prayer that in the event of arrest, applicant may be released on bail. 4. Vide order dated 30.09.2024, co-ordinate Bench of this Court had granted interim anticipatory bail to the applicant after calling counter and rejoinder affidavits. 5. Apart from several other merit issues arguments advanced by learned counsel for the applicant, learned counsel for the applicant submits that after grant of interim anticipatory bail, the applicant is continuously and regularly attending the Court and is complying with the conditions imposed upon him. It is thus contended that there is no credible evidence against the applicant and that the applicant has been falsely implicated in the present case. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes that the applicant would appear on each and every date fixed by the 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. 6. Learned A.G.A. has opposed the application for anticipatory bail. 7. Perusal of the record shows that the applicant was granted interim order dated 30.09.2024 by which anticipatory bail subject to the condition mentioned in the order was granted, in which one of the condition was to the effect that the applicant shall appear before the trial Court on each date fixed unless his personal appearance is exempted. Perusal of the order sheets of the case shows that the applicant is continuously and regularly attending the trial Court, copy of the order sheets is annexed as Annexure- SA1 to the IInd supplementary affidavit. Furthermore in the 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. 8. 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. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant Durga Prasad involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the 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 each and every 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. 11. 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 :- 24.7.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad