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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7296 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J.
1. Heard learned counsel for the applicant, 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.357 of 2025 under Sections 108 316(7) of B.N.S., Police Station Dibiyapur, District Auraiya with the prayer that in the event of arrest, applicant may be released on bail. 3. Learned counsel for the applicant contends that the applicant has been falsely implicated in the instant case. Learned counsel for the applicant submits that there was love affair between the daughter of the applicant and the deceased and when the marriage could not be solemnised, the deceased had committed suicide. Learned counsel has drawn attention of this Court to the Instagram post of the deceased, wherein he has also stated that the parents are not ready for marriage and therefore, he is committing suicide. Learned counsel thus argued that no ingredients of abetment is made out against the applicant. 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 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 Versus Counsel for Applicant(s) : Jeetendra Kumar Sharma, Laxmi Dubey Counsel for Opposite Party(s) : G.A. Virendra Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
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. 4. Learned A.G.A. as well as learned counsel for the 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, 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-Virendra Singh 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. NABAIL No. 7296 of 2025 2
9. 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. September 8, 2025 S.Ali NABAIL No. 7296 of 2025 3 (Dr.
Gautam Chowdhary,J.) Digitally signed by :- SHAUKAT ALI High Court of Judicature at Allahabad