HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8223 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed by the learned counsel for the applicant today is taken on record. 2. Heard Sri Padmaker Pandey, learned counsel for the applicant and Sri B.P. Maurya, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime No. 14 of 2025, under Sections 316(2), 324(2), 351(3), 308(4), 326(G) B.N.S., Police Station Nawabganj, District Kanpur Nagar with the prayer that in the event of arrest, applicant may be released on bail. 4. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant as the civil dispute is being given colour of criminality. It is further submitted that a civil suit is pending between opposite party no. 2 and co-accused Ram Avtar regarding title and possession of the disputed land. It is further submitted that the applicant has been falsely implicated in this case only to put pressure on him as he is associate of co-accused Ram Avtar. It is also submitted that as per the allegation of the FIR, the applicant along with co-accused cut and removed some trees and burnt them in the field of the first informant. It is further submitted that the anticipatory bail was filed before the trial Court and during pendency of Versus Counsel for Applicant(s) : Padmaker Pandey Counsel for Opposite Party(s) : G.A. Manoj Kumar Nishad Alias Lala .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the said application the police got issued the order of proclamation under Section 84 BNSS on 8.9.2025. It is submitted that the co-accused has already been granted regular bail by the Sessions Court. It is submitted that the applicant is having history of ten cases and in six cases he has been acquitted and in two other cases he is on bail and in remaining two cases no notice has been issued to him and he has no knowledge about his involvement in the said case. 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. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that the process under Section 84 BNSS have been issued against the applicant, however, he does not dispute the fact that the same has been issued during pendency of anticipatory bail application before the Sessions Court. 6. I have considered the rival submissions made by learned counsel for the parties. 7. As per first information report, the applicant along with co-accused are said to have cut some of the trees and burnt them in the field of the first informant. A civil suit is also pending between the co-accused and the first informant regarding title and possession of the disputed land before the competent court. The process under Section 84 BNSS have been issued against the applicant during pendency of the anticipatory bail before the Sessions Court. The co-accused has already been granted regular bail by the Sessions Court. The applicant has explained criminal history in the supplementary affidavit filed today. 8. 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, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate NABAIL No. 8223 of 2025 2 entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 9. 9. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicant- Manoj Kumar Nishad @ Lala 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 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 cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 12. 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 herein. October 9, 2025 Abhishek NABAIL No. 8223 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad