HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7348 of 2025 Court No. - 70 HON'BLE DR. GAUTAM CHOWDHARY, J. 1. Heard learned counsel for the applicant as well as 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. 162 of 2025, under Section 105 of B.N.S., Police Station Ghorawal, District Sonbhadra, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. It is submitted by the learned counsel for the applicant that the F.I.R. was lodged against two persons including the applicant. The allegation made in the F.I.R. is that to protect his crops the applicant had erected poles for fencing his agricultural field by wires in which he used to give power from a battery kept in the house of co-accused. The co-accused connected that wire with the electricity directly causing live current flow on account of which minor daughter of informant got caught in with the live current and died on the spot due to electrocution. Learned counsel further submits that from the version of F.I.R. it appears that the applicant had fenced his agricultural field with wires to protect his crops from stray animals in which the co-accused had got connected with the electric current directly, thus, applicant has no role to play in the alleged incident. Lastly it is argued that in this matter charge sheet has not been filed as yet in the present case and there is an apprehension that the applicant may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to cooperate during investigation and 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 cooperate with the investigation and would obey all conditions of bail. Versus Counsel for Applicant(s) : Sandeep Kumar Tiwari Counsel for Opposite Party(s) : G.A. Ramashankar Maurya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 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 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- Ramashankar Maurya, 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 with 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. 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 16, 2025 Mustaqeem. NABAIL No. 7348 of 2025 2 (Dr. Gautam Chowdhary,J.) Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad