SHAYAM SINGH ALIAS SWATANTRA SINGHversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD

 CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
                  BNSS No. - 9713 of 2025

Shayam Singh Alias Swatantra Singh
                                                                      .....Applicant(s)
                                          Versus
State of U.P.
                                                                          .....Opposite
                                                                                Party(s)

Counsel for Applicant(s)              :    Mayank Upadhyay, Shiv Sagar Singh
Counsel for Opposite Party(s)         :    G.A.

Court No. - 72
                  HON'BLE VIVEK KUMAR SINGH, J.

1. Supplementary affidavit filed today is taken on record.

2. Heard learned counsel for the applicant, learned A.G.A. for the State and
perused the record.

3. The applicant- Shayam Singh Alias Swatantra Singh was granted interim
anticipatory bail in the present case by this Court vide order dated
24.11.2025. The said order is quoted herein below:-

     "1. Heard Sri Shiv Sagar Singh, learned counsel for the applicant and Sri
     B.P. Singh, 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.263 of 2025, under Sections 191(2), 191(3), 324(4), 352,
     115(2), 117(2), 109(1), 110 and 351(3) BNSS, Police Station Jhangaha,
     District Gorakhpur 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 there is a cross
     case and no specific role has been assigned to the present applicant. It is
     further submitted that the co-accused Chandan Kumar and Ram alias
     Ram Singh have already been granted on anticipatory bail by this Court
     vide orders dated 16.09.2025 passed in Criminal Misc. Anticipatory Bail
     Application u/s 482 BNSS No.7577 of 2025 and 04.11.2025 passed in
     Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No.8154 of
     2025. It was also submitted that applicant undertakes to co-operate
     during trial and he would appear as and when required by the
     investigating agency or Court and in case he is granted anticipatory bail,
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                                    2

     he shall not misuse the liberty of bail and would obey all conditions of
     bail.

     4. On the other hand, learned A.G.A. submits that he has not received
     instructions in the matter as yet.

     5. 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.

     6. Considering the submissions of learned counsel for the parties and all
     attending facts and circumstances of the case, let the applicant Shyam
     Singh alias Swatantra Singh in the event of his arrest, be released on
     interim 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 till 11.12.2025 with the following conditions :-

     (i) The applicant shall not tamper with evidence and that he would
     appear before the trial Court on the date fixed unless exempted by the
     Court concerned;

     (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.

     7. In default of any of the conditions, the prosecution shall be at liberty to
     file appropriate application for cancellation of the interim anticipatory
     bail granted to the applicant.

     8. Put up this case as fresh on 11.12.2025.

     9. In the meantime, learned AGA is directed to seek instructions in the
     matter."

4. Earlier interim anticipatory bail was granted to the applicant vide order
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                                                                    3

                                    dated 24.11.2025 and in pursuance of aforesaid order, the applicant is
                                    regularly appearing before the learned trial court which is clear from perusal
                                    of order sheet appended in the supplementary affidavit dated 24.09.2026.
                                    The investigation is complete in this matter and chargesheet has been
                                    submitted. The applicant is regularly appearing before the learned trial court,
                                    therefore, there is no requirement of custodial interrogation of the applicant.

                                    5. In view of above, the interim anticipatory bail granted to the applicant
                                    vide order dated 24.11.2025 is hereby made absolute. The applicant will
                                    remain on anticipatory bail till conclusion of trial on the same terms and
                                    conditions as given in the order dated 24.11.2025 passed by this Court.

                                    6. The anticipatory bail application stands allowed.

                                    7. In default or misuse of any of the conditions mentioned in the order dated
                                    24.11.2025, the Public Prosecutor/ Investigating Officer/ first informant-
                                    complainant would be at liberty to file appropriate application for
                                    cancellation of anticipatory bail granted to the applicant, before the
                                    concerned court.

                                                                                           (Vivek Kumar Singh,J.)


                                    September 24, 2026
                                    Radhika




Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad