Neutral Citation No. - 2025:AHC:83232 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 461 of 2025 Applicant :- Piyush Rai Opposite Party :- State of U.P. Counsel for Applicant :- Gireesh Chandra Sharma,Prashant Upadhyay,Rajiv Lochan Shukla Counsel for Opposite Party :- Azaz Ahmad,Bhupendra Kumar Pandey,G.A.,Saurabh Kumar Pandey,Sunil Kumar Dwivedi Hon'ble Dr. Gautam Chowdhary,J. 1. Sri Shashi Kant Shukla, learned counsel has filed his power on behalf of informant today in the Court, is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State, Sri Shashi Kant Shukla along with Azad Ahmad, learned counsel for the informant and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No. 637 of 2024, under Sections 115(2), 352, 110, 3(5), 105, 61(2) of B.N.S. Police Station Kotwali, District Azamgarh, with the prayer that in the event of arrest, applicant may be released on bail. 3. Vide order dated 14.02.2025, co-ordinate Bench of this Court had granted interim anticipatory bail to the applicant after calling counter and rejoinder affidavits. 4. Apart from several other merit issues advanced by learned counsel for the applicant, learned counsel for the applicant has also argued that there is no credible evidence against the applicant and that the applicant has been falsely implicated in the present case.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. It has also been submitted that applicant has no criminal antecedents and the applicant undertakes to co-operate during the 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. as well as learned counsel for the informant have opposed the application for anticipatory bail. 6. 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. 7. 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. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant-Piyush Rai involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned the following conditions :- (i) the applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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/her/them from disclosing such facts to the Court or to any police officer; (iii) the applicant would co-operate during investigation and trial and would not misuse the liberty of bail. 10. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 17.5.2025 S.Ali Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad