HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7897 of 2025 Court No. - 82 HON'BLE SAMEER JAIN, J. 1 Heard Sri Sujan Singh, learned counsel for the applicant and Sri Shatrughan Yadav, learned AGA, for the State. 2. The instant anticipatory bail application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR/Case Crime No.17 of 2025, under Sections 308(2) and 352 BNS and Section 7 Prevention of Corruption Act, Police Station Sarsawa, Saharanpur, District Saharanpur during pendency of the trial. 3. Learned counsel for the applicant submits that applicant is a Police Constable and as per allegation, however, Driver of the informant was having valid documents but in spite of that applicant forcibly stopped the vehicle and made demand of bribe and thereafter forcibly snatched Rs.Thirty Five Thousand but entire allegations levelled against the applicant are totally false. 4. He further submits that actually being Police Constable when applicant tried to stop the vehicle of the informant then his Driver did not stop the same and thereafter he had to exercise his power and only due to this reason on the basis of false allegation he has been roped in the present matter. 5. He further submits that investigation of the case has been completed Versus Counsel for Applicant(s) : Anjani Kumar Raghuvanshi, Sujan Singh Counsel for Opposite Party(s) : Sachin Kumar Dhaka .....Applicant(s) State of U.P. .....Opposite Party(s) and during investigation applicant was not arrested, however, he fully cooperated with the investigation. 6. He next submits that as charge sheet has already been filed and, therefore, custodial interrogation of the applicant is not required. 7. He further submits that applicant is having apprehension if he will appear before the court concerned then he will be sent to jail. 8. Per contra, learned AGA although opposed the prayer but could not dispute the argument on facts advanced by the learned counsel for the applicant. 9. I have heard learned counsel for the parties and perused the record of the case. 10. However, as per allegation applicant was Police Constable and he illegally firstly stopped the vehicle of the informant which was driven by his Driver and thereafter made demand of gratification and subsequently Rs, Thirty Five Thousand were snatched but it reflects that investigation of the case has already been completed and charge sheet has been filed and during investigation applicant has not been arrested and there is no allegation that he did not cooperate with the investigation. 11. The Apex Court in the case of Aman Preet Singh Vs. CBI through Director decided on 02.9.2021 vide Criminal Appeal No. 929 of 2021(arising out of SLP (Crl.) No.5234 of 2021 held that if during investigation an accused has not been arrested then after submission of charge sheet he may be released on anticipatory bail. 12. Further, after submission of charge sheet there is no need of custodial interrogation of the applicant and he is not having any previous criminal history. 13. Therefore, considering the facts and circumstances of the case discussed above in my view, applicant is not entitled to be released on anticipatory bail till the conclusion of the trial. 14. Accordingly, without expressing any opinion on the merits of the NABAIL No. 7897 of 2025 2 case, the instant anticipatory bail application is allowed. 15. In the event of arrest of the applicant-Sachin Kumar Dhaka involved in the aforesaid case crime number, shall be released on bail till the conclusion of the trial case on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the Presiding Officer/Court concerned with the conditions:- (i) that 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence. (ii) that the applicant shall not leave India without previous permission of the court; (iii) that the applicant shall not temper with the evidence during the trial; (iv) that the applicants shall not pressurize/intimidate the prosecution witness; (v) that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 16. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicants. 17. It is made clear that the observations made in granting anticipatory bail to the applicant shall not in any way affect the learned trial Judge in forming his independent opinion based on the testimony of the witnesses. September 25, 2025 SKM NABAIL No. 7897 of 2025 3 (Sameer Jain,J.) Digitally signed by :- SHRAVANA KUMAR MISHRA High Court of Judicature at Allahabad