HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4309 of 2026 Court No. - 71 HON'BLE AVNISH SAXENA, J. 1. Heard Sri Manas Tripathi, learned counsel for the applicant and Learned AGA for the State. 2. The present anticipatory bail application under Section 482 of BNSS has been filed by the applicant with a prayer to release him on anticipatory bail in Case Crime No. 86 of 2025, under Section 319(2) of BNS and Section 7/13(3) of U.P. Public Examinations (Prevention of Unfair Means), P.S.- Khuldabad, District- Prayagarj, during pendency of the trial. 3. It is contended by learned counsel for the applicant that the applicant has been falsely implicated by the Centre Supervisor in FIR dated 27.10.2025 wherein it is alleged that some other person was giving examination in place of the applicant. The examination is of D.L.Ed. 1st Semester. During investigation, the accused applicant has not been arrested. There is no criminal history. Charge sheet has been submitted. The applicant wants to appear before the trial court but apprehending arrest. Hence, seeks anticipatory bail. 4. Per contra learned A.G.A. has opposed the prayer for bail of the applicant. 5. The scope of ambit of anticipatory bail is encapsulated in three insightful judgments of Hon’ble Supreme Court right from Gurubaksh Singh Sibbia Vs. State of Punjab reported in (1980) 2 SCC 565, Versus Counsel for Applicant(s) : Anuj Srivastava, Manas Tripathi, Suraj Tiwari Counsel for Opposite Party(s) : G.A. Vivek Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Siddharam Satlingappa Mhetre Vs. State of Maharashtra reported in (2011) 1 SCC 694 and Sushila Aggarwal and others Vs. State (NCT of Delhi) and another reported in (2020) 5 SCC 1, wherein it is consistently held by Hon’ble Apex Court that while granting anticipatory bail, the Court should considering the application of the applicant to evaluate the threat or apprehension of arrest vis-a-vis the nature and gravity of accusation, criminal antecedent of the accused, false or exaggerated implication, need of custodial interrogation, willingness of the accused to cooperate in investigation and trial and the conduct of the accused and flight risk. 6. 6. Considering that the accused applicant has not been arrested during investigation, the gravity of accusation and apprehension of arrest in the case vis-a-vis low flight risk and assurance of the accused in cooperating with the investigation and trial, is of considered view to grant anticipatory bail. 7. The applicant- Vivek Kumar involved in the aforesaid case crime shall appear before the trial court or the Investigating Officer, as the case may be within 30 days from the date of this order and shall be released on bail on furnishing a personal bond of Rs. 25,000/- with two sureties each in the like amount to the satisfaction of the court concerned with following conditions :- (i) 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) The applicant shall not pressurize/intimidate the prosecution witnesses. (iii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. (iv) The applicant shall file an undertaking to the effect that he/she shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in the trial court. NABAIL No. 4309 of 2026 2 (v) The applicant shall remain present before the trial court on each date fixed, either personally or through his/their counsel. 8. In case of breach of any of the above conditions, it shall be a ground for cancellation of bail. 9. It is clarified that anything said in this order is limited to the purpose of determination of this bail application and will in no way be construed as an expression on the merits of the case. The trial court shall be absolutely free to arrive at its independent conclusions on the basis of evidence led unaffected by anything said in this order. May 5, 2026 Krishna* NABAIL No. 4309 of 2026 3 (Avnish Saxena,J.) Digitally signed by :- KRISHNA KUMAR High Court of Judicature at Allahabad