ANIL KUMAR VERMAversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 4097 of 2026

Anil Kumar Verma
                                                           .....Applicant(s)
                                  Versus

State of U.P. and Another
                                                              .....Opposite
                                                                    Party(s)

Counsel for Applicant(s)                     :   Anil Kumar Bind
Counsel for Opposite Party(s)                :   G.A.

Court No. - 71
                    HON'BLE AVNISH SAXENA, J.
1. Heard Sri Anil Kumar Bind, 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. 612 of 2018, under Sections 419, 420,
467, 468, 471, 406 IPC, P.S.- Kotwali Padrauna, District- Kushinagar,
during pendency of the trial.

3. It is contended by learned counsel for the applicant that the accused
applicant has been falsely implicated by the informant in FIR dated
22.12.2018 alleging that the co-accused has taken money from the
informant and other persons for getting Government Service in Army
recruitment. During investigation, the name of the accused applicant has
been figured out, who has been attributed with the role of providing
papers for the examination. It is further contended that no such papers are
ever available in the direct recruitment of Army personnel. It is further
contended that he has been falsely implicated in the case. The
investigation is continuing. He has no criminal history. He is an Army
person. The accused applicant wants to co-operate in the investigation 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
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Singh Sibbia Vs. State of Punjab reported in (1980) 2 SCC 565,
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. Considering the role of the accused applicant and that the name of the
accused applicant has been figured out from statement of the co-accused,
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- Anil Kumar Verma 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.
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                                    (v) The applicant shall remain present before the trial court on each date
                                    fixed, either personally or through his 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.

                                    10. The below mentioned directions shall be complied with for
                                    expeditious disposal of trial, in case charge sheet is submitted against
                                    accused/applicant :-

                                    10.1 As the investigation is continuing, in the event charge sheet is
                                    submitted and cognizance is taken, it would be the duty of the
                                    accused/applicants to appear before the trial court or Magistrate
                                    concerned as the case may be without waiting for the issuance of
                                    summons, within 60 days from the date of cognizance or on the date
                                    fixed, which ever is earlier. So that the trial may not be delayed for non
                                    execution of summons or processes.

                                    10.2 The District Judge concerned shall direct each Magistrate and
                                    Special courts to maintain a register of Anticipatory Bail orders granted
                                    by this Court, wherein the details of Anticipatory Bail shall be entered.
                                    The dedicated official shall be nominated in each Special court and
                                    Magistrate court for maintaining the register.

                                    10.3 The accused/applicants shall provide a copy of the final order of
                                    anticipatory bail within 30 days, to the official concerned in whose
                                    jurisdiction the case lies and shall provide his complete contact details
                                    including the mobile number and E-mail ID (if maintained); any change
                                    in detail shall be informed by the applicant.

                                    10.4 On the submission of charge sheet and cognizance taken, the
                                    Presiding Officer shall fetch the details of the accused/applicants and the
                                    dedicated official shall inform the accused at the given detail.


                                                                                               (Avnish Saxena,J.)
                                    May 6, 2026
                                    Krishna*




Digitally signed by :-
KRISHNA KUMAR
High Court of Judicature at Allahabad