HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7652 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Sri Akash Tyagi, learned counsel for the applicant and Sri Chandra Shekhar Saran, 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. 127 of 2025 under Sections 118(2) and 3(5) B.N.S., Police Station Rohta, District Meerut with the prayer that in the event of arrest, applicant may be released on bail. 3. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant. It is further submitted that the applicant was enlarged on bail in the instant case under Sections 115(2), 352 and 351(3) BNS but subsequently Sections 118(2) and 3(5) BNS were added. It is submitted that non-bailable warrant has been issued agaisnt the applicant and he is apprehending his arrest even though he has been released on bail in the instant case. He has also placed reliance on a judgement of a co-ordinate Bench of this Court passed in Criminal Misc. Anticipatory Bail Application u/s 438 CrPC No. 9391 of 2022 (Shahzad vs. State of UP), wherein it has been held that anticipatory bail application is maintainable in added section. The co-ordinate Bench has relied on a judgement of Hon'ble Apex Court rendered in Bhadresh Bipinbhai Sheth vs. State of Gujarat and another, 2016 (1) SCC (Cri) 240. It was also submitted that applicant undertakes to co- operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is Versus Counsel for Applicant(s) : Akash Tyagi, Neha Tyagi Counsel for Opposite Party(s) : G.A. Sawan .....Applicant(s) State of U.P. .....Opposite Party(s) 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. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 5. I have considered the rival submissions made by learned counsel for the parties. 6. The applicant was enlarged on bail in the instant case under Sections 115(2), 352 and 351(3) BNS but subsequently Sections 118(2) and 3(5) BNS has been added. In view of the law laid down by Hon'ble Apex Court in Bhadresh Bipinbhai Sheth (supra), which has been followed by a co-ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application u/s 438 CrPC No. 9391 of 2022 (Shahzad vs. State of UP), anticipatory bail application in added section is maintainable. 7. 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, the 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. 8. 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 merits, a case for anticipatory bail is made out. 9. The anticipatory bail application is allowed. 10. In the event of arrest of the applicant- Sawan involved in the aforesaid case crime, he shall be released on anticipatory bail 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 not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; NABAIL No. 7652 of 2025 2 (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 cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 11. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 8, 2025 Abhishek NABAIL No. 7652 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad