Neutral Citation No. - 2025:AHC:145359 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6777 of 2025 Applicant :- Tushar Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar,Neetu Singh Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned counsel for first 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 Jewer, District Gautam Budh Nagar, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicant submits that the applicant is named along with four other accused persons. Learned counsel further submits that though charge sheet in the instant case has been filed but perusal of 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 statements of the informant, eye-witnesses as well as statement of doctor has drawn conclusion that the deceased died due to cardiac arrest. Learned counsel has also drawn attention of this Court to the postmortem 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. One co-accused, Pankaj has already been granted anticipatory bail till the submission of charge sheet. 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 cooperate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. for the State has opposed the application for anticipatory bail. However, it could not be disputed that similarly placed co-accused Pankaj has already been granted anticipatory bail by this Court. 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- Tushar, 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 court concerned with the following conditions :- (i) The applicant shall attend the court proceedings as and when required and shall not sought any unnecessary adjournment. (ii) The applicant shall not directly or indirectly make any inducement, threat or promise or to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the court to any police officer or tamper with the evidence. (iii) The applicant shall cooperate during trial and would not misuse the liberty of bail. 10. In default of any of the conditions, the court concerned shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 22.8.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad