Neutral Citation No. - 2025:AHC:89410 Court No. - 86 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8209 of 2024 Applicant :- Rafat Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- M.P.S. Chauhan Counsel for Opposite Party :- Akanksha Gaur,G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State as well as Ms. Akanksha Gaur, learned counsel for the informant and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No. 593 of 2023, under Sections 406, 420, 467, 468, 471 I.P.C., Police Station Quarsi, District Aligarh, with the prayer that in the event of arrest, applicant may be released on bail. 3. Learned counsel for the applicant submits that after lodging of the F.I.R. the applicant filed Criminal Misc. Writ Petition No. 11132 of 2023 and a Division Bench of this Court vide order dated 08.11.2023 granted interim protection to the applicant till the next date of listing or till submission of police report. After filing of charge sheet the applicant approached this Court by filing an application under Section No. 36000 of 2024 for quashing of entire proceeding as well as cognizance/ summoning order issued by the court concerned, in which a coordinate Bench of this Court had stayed the proceedings of the said complaint case. Learned counsel for the applicant has pointed out that vide order dated 12.09.2024 the applicant was granted interim anticipatory bail till the next date of listing. 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, whereas there is no credible evidence against him. It was also submitted that applicant undertakes to cooperate during trial and he would appear as and when required 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 would obey all conditions of bail. 4. Learned A.G.A. and learned counsel for first 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 and considering the fact that applicant has himself delaying the proceeding of trial, without expressing any opinion on merit of the case, no case for anticipatory bail is made out. 7. The anticipatory bail application is rejected. 8. Interim order, if any, stands vacated. Order Date :- 26.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad