DR RAMKESH @ RAMKESH YADAVversusSTATE OF U.P. AND ANOTHER

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

Dr Ramkesh @ Ramkesh Yadav
                                                             .....Applicant(s)
                                    Versus

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

Counsel for Applicant(s)                         :   Bairister Singh
Counsel for Opposite Party(s)                    :   G.A.

Court No. - 70
                 HON'BLE JAI PRAKASH TIWARI, J.

1. Heard learned counsel for the applicant as well as the learned A.G.A. for
the State and perused the record.

2. This application has been moved on behalf of the applicant seeking
anticipatory bail in Case Crime No. 0525 of 2025 under Sections 64, 333,
351(3) BNS, 2023, Police Station Mehnagar, District Azamgarh.

3. It has been submitted by the learned counsel for the applicant that the
applicant is innocent and, on the basis of false allegations, he has been
implicated in the present matter. It is next submitted that the victim is a
major and FIR of the present case was lodged after about 7 month without
any plausible explanation of delay and there is no date and time was
mentioned of the alleged incident. It is next submitted that applicant and
victim belong to the same village and previous enmity also exists between
both the sides. It is next submitted that actually on 18.11.2025 son of the
informant made assault upon the applicant and in the incident. Applicant
also sustained injuries and with regard to that incident applicant has moved
an application for registration of FIR against son of informant and some
unknown persons and the present prosecution has been instituted with
malafide intention to exert pressure upon the applicant to withdraw his case.

5. It is next submitted that the applicant has apprehension of arrest by the
police at any time in the above-mentioned case, whereas there is no credible
evidence against him. It is lastly submitted that, in case the applicant is
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enlarged on bail, he shall not misuse the liberty of bail and will cooperate
with the trial proceedings.

6. Per contra, learned A.G.A. opposed the anticipatory bail.

7. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another,
(2020) 5 SCC 1, the Hon'ble Apex Court has settled the law on the subject
finally by holding that the anticipatory bail need not be of limited duration
invariably. In appropriate case, it can continue upto conclusion of trial. It has
been further held therein that anticipatory bail granted can, depending on the
conduct and behavior of the accused, continue after filing of the charge sheet
till trial. It has been further held by the Hon'ble Apex Court that while
considering an application for grant of anticipatory bail, the court has to
consider the nature of the offence, the role of the person, the likelihood of
his influencing the course of investigation, or tampering with evidence
including intimidating witnesses, likelihood of fleeing justice, such as
leaving the country, etc. It has further been held that Courts ought to be
generally guided by considerations such as the nature and gravity of the
offences, the role attributed to the applicant, and the facts of the case, while
considering whether to grant anticipatory bail, or refuse it. Whether to grant
or not is a matter of discretion.

8. Considering the settled principles of law regarding anticipatory bail,
nature of accusation, role of applicant and all attending facts and
circumstances of the case, without expressing any opinion on the merits of
the case, in my view, it is a fit case for anticipatory bail to the applicant till
the trial.

9. The application is allowed accordingly.

10. In the event of arrest of the applicant-Dr Ramkesh @ Ramkesh Yadav,
he shall be released on anticipatory bail till the end of trial on 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 make himself/herself available before the
Investigating Officer/Court concerned on the date fixed in the matter and
will cooperate in the investigation/trial.
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                                                                     3


                                    (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 from disclosing such facts to the Court or to any police
                                    office.

                                    (iii) The applicant shall not leave India without the previous permission of
                                    the Court and if he/she has passport, the same shall be deposited by him/her
                                    before the S.S.P./S.P. Concerned.

                                    11. In case of default of any of the conditions, the same may be a ground for
                                    cancellation of protection granted to the applicant.



                                                                                           (Jai Prakash Tiwari,J.)
                                    May 12, 2026
                                    Neetu




Digitally signed by :-
NEETU SINGH
High Court of Judicature at Allahabad