HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8125 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed by the learned counsel for the applicants today is taken on record. 2. Mr. Ajay Singh Sengar, learned counsel has filed his vakalatnama on behalf of the first informant, which is taken on record. 3. Heard Sri Ashish Goyal, learned counsel for the applicants and Sri Yogendra Singh, learned A.G.A. for the State and Sri Ajay Singh Sengar, learned counsel for the first informant and perused the record. 4. The present application has been moved seeking anticipatory bail in Case Crime No. 286 of 2025, under Sections 3(5), 191(2), 115(2), 352, 351(2), 324(4), 109(1), 125, 333 B.N.S., Police Station Dibiyapur, District Auraiya with the prayer that in the event of arrest, applicants may be released on bail. 5. It is contended by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicants. It is submitted that as per FIR 22 named accused persons are said to have entered into the house of the first informant and they assaulted him and his family members. It is submitted that five persons are said to have received injuries but injuries are simple in nature. It is also submitted that applicants undertake to cooperate during Versus Counsel for Applicant(s) : Ashish Goyal Counsel for Opposite Party(s) : G.A. Dharmendra Kumar And Another .....Applicant(s) State of U.P. .....Opposite Party(s) trial and they would appear as and when required by the investigating agency or Court. It is lastly submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and they will cooperate with the investigation and would obey all conditions of bail. 5. Learned counsel for the first informant has opposed the application and submitted that even two-year old girl has also been assaulted and she also received injuries on her nose. 6. On the other hand, learned A.G.A. has also opposed the application for anticipatory bail and submitted that the applicant no. 1-Dharmendra Kumar is having a criminal history of one case. 7. In reply, learned counsel for the applicants submits that criminal history of applicant no. 1 has been explained in the supplementary affidavit filed today. 8. I have considered the rival submissions made by learned counsel for the parties. 9. As per allegation in the first information report, 22 persons including the applicants are said to have entered into the house of the first informant and assaulted him and his family members, as a result of which five persons have received injuries, however, injuries are simple in nature. The applicant no. 1 is having one criminal history, which has been explained in the supplementary affidavit. 10. 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 entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 11. Considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, NABAIL No. 8125 of 2025 2 without expressing any opinion on merits, a case for anticipatory bail is made out. 12. The anticipatory bail application is allowed. 13. In the event of arrest of the applicants- Dharmendra Kumar and Kamal Singh involved in the aforesaid case crime, they shall be released on anticipatory bail on their 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 applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicants 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 applicants would cooperate during trial and would not misuse the liberty of bail. (iv) The applicants shall not leave India without prior permission of the Court concerned. 14. 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 applicants herein. October 7, 2025 Abhishek NABAIL No. 8125 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad