Neutral Citation No. - 2025:AHC:106827 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8067 of 2024 Applicant :- Dr. Jitendra Chug Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Amit Daga Counsel for Opposite Party :- Akash Pundir,G.A.,Pawan Singh Pundir Hon'ble Dr. Gautam Chowdhary,J. 1. Supplementary affidavit on behalf of the applicant filed today in the Court is taken on record. 2. Heard Mr. Rahul Sripat, learned Senior Counsel assisted by Mr. Amit Daga, learned counsel for the applicant, Mr. Akash Pundir, learned counsel for opposite party no.3 and 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. 451 of 2023, under Sections 304 and 201 I.P.C., Police Station Sadar Bazar, District Saharanpur with the prayer that in the event of arrest, applicant may be released on bail. 4. It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, inspite of the fact that there is no credible evidence against him, yet the investigation officer submitted the charge in per-functionary manner without any cogent evidence against him. It has further been submitted that applicant undertakes to co-operate during 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. 5. Learned A.G.A. has opposed the application for anticipatory bail. 6. Perusal of the order sheet of the instant case shows that the applicants were granted interim anticipatory bail vide order dated 27.08.2024 subject to the conditions mentioned in that order, in which one of the condition was that the applicants shall make himself available on each and every date in the matter by the Court concerned. Perusal of the supplementary affidavit shows that the applicants after furnishing bail bonds before the concerned Court, next date was fixed for 31.05.2025 on which date, an application seeking exemption was filed, which was allowed by the concerned Court and therefore it is evident that the applicants are appearing before the trial either personally or through their counsel. 7. 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. 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 Dr. Jitendra Chug 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 before the trial Court on the dates fixed. 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 :- 7.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad