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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2083 of 2026 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Ram Raksha Tiwari, learned counsel for the applicant, Sri S.D. Shukla, 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. 236 of 2008 under Sections 386, 504, 506, 500 IPC, Police Station Kotwali Nagar, District Banda with the prayer that in the event of arrest, the applicant may be released on bail. 3. It is contended by learned counsel for the applicant that applicant was granted interim protection from arrest during investigation and after submission of chargesheet, applicant was never served with any summon, bailable warrant or non bailable warrant and he had no knowledge of the proceedings of the case and now he has come to know about the proceedings and he is ready and willing to co-operate in the trial. It is further submitted that criminal history of the applicant has been explained in the memo of application and he undertakes to co-operate during trial and to appear as and when required by the investigating agency or Court and in case he is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. 4. On the other hand, learned A.G.A. opposed the prayer for grant of anticipatory bail. 5. I have considered the rival submissions made by learned counsel for the parties. 6. As per the FIR, applicant who is a journalist by profession, is said to have demanded extortion money from the first informant by extending threat to publish negative articles against him. Applicant was granted interim protection from arrest during investigation and chargesheet was submitted in the year 2008 itself, however, it is submitted that applicant was never served with any summon, bailable warrant or non bailable warrant and now he has come to know about the proceedings and he is ready and willing to co-operate in the trial. Versus Counsel for Applicant(s) : Ram Raksha Tiwari Counsel for Opposite Party(s) : G.A. Kishor Singh Chandel .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration. 8. Considering all attending facts and circumstances of the case, settled principle of law regarding anticipatory bail, submissions of learned counsel for the parties, nature of accusation, role of applicants and 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 Kishor Singh Chandel 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 shall appear before the trial Court either in person or through counsel on each and every date fixed unless exempted by the Court concerned and shall not seek any undue adjournment; (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 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. February 26, 2026 Madhurima NABAIL No. 2083 of 2026 2 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad