HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8123 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Mohd. Razif, learned counsel has filed vakalatnama on behalf of the first informant, which is taken on record. 2. Heard Sri Shekhar Chaudhary, learned counsel for the applicants and Sri B.P. Maurya, learned A.G.A. for the State and Mohd. Razif, learned counsel for the first informant and perused the record. 3. The present application has been moved seeking anticipatory bail in Case Crime no. 0304 of 2025, under Sections 115(2), 352, 351(3), 109(1), 3(5) B.N.S. and 4/25 Arms Act, Police Station Malpura (Commissionerate Agra), District Agra with the prayer that in the event of arrest, applicants may be released on bail. 4. 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 and as per the FIR the applicants and other co- accused Manish indulged in assaulting the informant side in which one of the persons of the informant side Lalit received incised wound on his head and on his left wrist. It is further submitted that allegation against the applicants is that they were involved in beating by lathis and the injuries sustained by the injured except Lalit are not dangerous to life. It is submitted that the co-accused Manish has already been arrested and he is in jail. It is submitted that the applicants are having no criminal history. Versus Counsel for Applicant(s) : Shekhar Chaudhary Counsel for Opposite Party(s) : G.A. Ram Singh And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) It is also submitted that applicants undertake to cooperate during 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. On the other hand, learned A.G.A. and learned counsel for the first informant have vehemently opposed the application for anticipatory bail and submitted that the case of the applicants is covered by common intention. It is submitted that subsequent to the said incident the applicants threatened the first informant and first information report regarding subsequent event has also been lodged. 6. I have considered the rival submissions made by learned counsel for the parties. 7. As per first information report, the allegation is that the applicants indulged in assaulting the informant side by lathis. In the statement of the one of the injured Lalit it has come on record that co-accused Manish inflicted incised wound by sharped-edged weapon on his head and on his left wrist. Apart from that other injured persons are said to have received injuries which are not dangerous to life. The applicants are having no criminal history. 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 entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 9. 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, without expressing any opinion on merits, a case for anticipatory bail is made out. NABAIL No. 8123 of 2025 2 10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicants- Ram Singh, Bheem Sen and Laxshmi Prakash 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. 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 applicants herein. October 7, 2025 Abhishek NABAIL No. 8123 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad