Om Prakash Seth vs State of U.P. and Another

The present application has been moved seeking anticipatory bail in Case Crime no.326 of 2025, under Sections 331(4), 305(a), 317(2) of B.N.S., Police Station Sarnath, Varuna (Commissioneratte Varanasi), District Varanasi, with the prayer that in the event of arrest, the applicant may be released on bail.

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It is contended by learned counsel for the applicant that applicant has been falsely implicated in the present case. He further submits that the first informant report has been lodged against the unknown. The name of the applicant was surfaced during the investigation of confessional statement of the co-accused Umesh Yadav, in which he stated that the use to sell the stolen jewellery to the applicant who is owner of a jewellery shop. It is further submitted that criminal history of the applicant has been duly explained in para 12 of the memo of the present application. 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, he shall not misuse the liberty of bail and would obey all conditions of bail.

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On the other hand, learned A.G.A. opposed the prayer for grant of anticipatory bail.

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NABAIL No. 9531 of 2025

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2

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I have considered the rival submissions made by learned counsel for the parties.

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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.

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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.

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The anticipatory bail application is allowed .

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In the event of arrest of the applicant Om Prakash Seth 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 :-

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(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;

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(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;

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(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

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NABAIL No. 9531 of 2025

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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.

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(Jitendra Kumar Sinha,J.)

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November 25, 2025 A.N. Mishra

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Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad

Om Prakash Seth v. State of U.P. and Another

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Om Prakash Seth v. State of U.P. and Another

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