Neutral Citation No. - 2025:AHC:106118 Court No. - 70 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 8662 of 2024 Applicant :- Brahmanand Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Sharma Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Complaint Case No.2556 of 2023, under Sections 307, 452, 323, 504 I.P.C., Police Station Tilhar, District Sahjahanpur, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case, inspite of the fact that there is no credible evidence against them yet the applicants have been summoned without any cogent evidence against them. It has further been submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. has 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 applicants 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. Perusal of the order sheet of the instant case shows that the applicants were granted interim anticipatory bail by a coordinate Bench of this Court vide order dated 18.09.2024, therefore, the anticipatory bail is confirmed and the anticipatory bail application is allowed. 8. In the event of arrest of the applicants Brahmanand Sharma and Suryakant involved in the aforesaid case crime shall be released on anticipatory bail till conclusion of trial on 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 applicants shall not tamper with the prosecution evidence. ii) The applicants shall appear on each and every dates fixed by the trial Court. iii) The applicants shall not threaten or harass the prosecution witnesses. iv) The applicants shall appear on the date fixed by the trial court. v) The applicants shall not commit an offence similar to the offence of which the applicant is accused, or suspected of the commission. vi) The applicants 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. vi) In case, the applicants fail to appear on two consecutive dates, the order passed by this Court shall automatically stands vacated, unless there is some extraordinary circumstances. vii. The trial Court is directed to make all possible endeavours to consider and conclude the trial of the aforesaid case as expeditiously as possible, in accordance with law. 9. In case of breach of any of the above condition, the trial Court shall be at liberty to cancel the bail of the applicants in accordance with law. Order Date :- 7.7.2025 AS Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad