Neutral Citation No. - 2025:AHC:16788 Court No. - 82 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 878 of 2025 Applicant :- Raunak Garg Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijit Saxena Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material available on record. 2. This application for anticipatory bail under section 482 B.N.S.S. has been filed by applicant - Raunak Garg in connection with Case Crime No.205 of 2018, under Sections 420, 406, 467, 468, 504, 506 IPC, Police Station Narakhi, District Firozabad. 3. It is submitted by the learned counsel for the applicant that the applicant is innocent and he has apprehension of his arrest in the above-mentioned case, whereas there is no credible evidence against him. He has been falsely implicated into this matter. Allegations levelled against the applicant are false. The investigation of the case has been completed and charge-sheet has been filed and cognizance has been taken into the matter. It is further submitted that during investigation, vide order dated 20.9.2019 passed in Crl. Misc. Bail Application No.36474 of 2019, interim protection was granted to the applicant by way of anticipatory bail till filing of the police report under section 173 (2) Cr.P.C. and the said liberty was never misused by the applicant. It is further submitted that earlier the applicant had filed Crl. Misc. Writ Petition No.18830 of 2019 before the division Bench of this Court, which was dismissed as withdrawn with liberty to file an application under section 438 Cr.P.C. before the competent Court vide order dated 11.7.2019. It is further submitted that the applicant has been cooperative during the course of investigation. It is further submitted that now after filing of the charge-sheet, no custodial interrogation is required in this matter from the applicant, as the alleged offences are punishable with the imprisonment of a maximum period of seven years. It is further submitted that no punitive process under section 82 or 83 Cr.P.C. has been issued against the applicant. He has not been declared proclaimed offender and as such he is entitled for anticipatory bail. 4. On the other hand, learned A.G.A. opposed the prayer for anticipatory bail. 5. It reveals from the perusal of the record that charge-sheet has been submitted in the matter and till date no process under section 82 or 83 Cr.P.C. has been issued against the applicant and he has been cooperative during the course of investigation. No custodial interrogation is required in the matter. 6. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has settled the controversy finally by holding the anticipatory bail need not be of limited duration invariably. In appropriate case, it can continue upto conclusion of trial. It has been further held therein that anticipatory bail granted can, depending on the conduct and behavior of the accused, continue after filing of the charge sheet till end of trial. It has been further held by the Hon'ble Apex Court that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. 7. Hence, considering the settled principles 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 of the merits of the case, in my view, it is a fit case for anticipatory bail to the applicant till end of the trial in the matter. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant in the aforesaid case crime, he shall be released on anticipatory bail till end of the 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 make himself available before the court concerned on the date fixed in the matter; (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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and he has have passport, the same shall be deposited by him before the S.S.P./S.P. Concerned. 10. In case of default of any of the conditions, same may be a ground for cancellation of protection granted to the applicant. Order Date :- 5.2.2025 ss Digitally signed by :- SANDEEP SHARMA High Court of Judicature at Allahabad