HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3402 of 2026 Court No. - 66 HON'BLE SAMEER JAIN, J. 1. Heard Sri Ashish Kumar Gupta, learned counsel for the applicant and Sri Rajnikant Rai, learned A.G.A. for the State-respondent. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 164 of 2025, under Sections 318(4), 319(2), 338, 336(3), 340(2), 351(3) BNS, Police Station Jamunapar, District Mathura, with a prayer to enlarge him on anticipatory bail, till the conclusion of trial. 3. Learned counsel for the applicant submitted that applicant is innocent and on the basis of false allegation he has been made accused in the present matter alongwith co- accused Saurabh and Ashutosh. He next submits, as per allegation co-accused Saurabh and Ashutosh with intention to dupe the informant induced him to give Rs. Two lacs and on their instigation informant deposited Rs. Two lacs in the account of the applicant. 4. He further submitted that therefore, even as per allegation applicant was not having any intention to deceit the informant. 5. He further submitted that actually applicant gave Rs. Two lacs loan to the informant and he in lieu thereof issued cheque in his favour. 6. He further submitted that even alleged incident is said to have been taken place on 26.9.2023 but FIR of the present case was lodged on 20.5.2025 i.e. after more than one and half years through an application u/s 173(4) BNS and even application u/s 173(4) was moved on 2.5.2025 i.e. after one and half years and this inordinate delay in lodging the FIR itself suggests that entire allegation made against the applicant are totally false. 7. He further submitted that however, FIR of the present case was lodged on 20.5.2025 but till date investigation of the case is still pending and in the month of Versus Counsel for Applicant(s) : Ashish Kumar Gupta Counsel for Opposite Party(s) : G.A. Kishan Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) January investigating officer started making attempt to arrest the applicant. He further submitted that as after six months first time police tried to arrest the applicant, therefore, on this ground alone applicant should be enlarged on anticipatory bail. 8. He further submitted that however applicant is having criminal history of one another case relating to offence under section 406 IPC but his criminal history has been explained in the instant anticipatory bail application. 9. He further submitted that therefore, considering the entire facts applicant should be enlarged on anticipatory bail during trial. 10. Per contra, learned AGA opposed the prayer for anticipatory bail but could not dispute the arguments on facts advanced by learned counsel for the applicant. 11. I have heard learned counsel for both the sides and perused the record of the case. 12. However, as per allegation applicant duped the informant alongwith co-accused Saurabh and Ashutosh and cheques of Rs. Two lacs were given by informant to him which were encashed by applicant but it reflects FIR of the present case was lodged through an application under section 173(4) BNS after more than one and half years and even application under section 173(4) BNS was also moved after more than one and half years from the date of alleged incident. 13. Further, however applicant is having criminal history of one case but his criminal history has been explained in the instant bail application. 14. Further it reflects FIR of the present case was lodged on 20.5.2025 and immediately after the FIR Investigating Officer did not try to arrest the applicant and it reflects, in the year 2026 he started chasing the applicant. Considering this fact even in view of this Court applicant may be enlarged on anticipatory bail. 15. Therefore, considering the facts and circumstances of the case discussed above, in my view, applicant is entitled to be enlarged on anticipatory bail in this case, till conclusion of trial. 16. Accordingly, without expressing any opinion on the merits of the case, the instant anticipatory bail application of the applicant is allowed. 17. In the event of arrest of the applicant-Kishan Singh, involved in the aforesaid case crime number, shall be released on bail till conclusion of trial 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 that:- i. that the applicant shall make himself available for interrogation by a police officer as and when required; NABAIL No. 3402 of 2026 2 ii. 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; iii. that the applicant shall not leave India without previous permission of the court; iv. that the applicant shall not tamper with the evidence during the trial; v. that the applicant shall not pressurize/ intimidate the prosecution witness; vi. that the applicant shall appear before the trial court on each date fixed unless personal presence is exempted; 18. In case of breach of any of the above conditions, the court concerned shall have the liberty to cancel the bail granted to the applicant. 19. It is made clear that 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. May 5, 2026 Ankita NABAIL No. 3402 of 2026 3 (Sameer Jain,J.) Digitally signed by :- ANKITA SRIVASTAVA High Court of Judicature at Allahabad