Neutral Citation No. - 2025:AHC:10532 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 11831 of 2024 Applicant :- Indresh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Pratap Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants and Sri Pradeep Kumar Tripathi, learned A.G.A. for the State- opposite party no. 1, and perused the material placed on record. 2. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 264 of 2024, under Sections 352, 115(2), 191(2), 105 B.N.S., Police Station Bakhira, District Sant Kabir Nagar. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report, the applicants along with five others are alleged to have assaulted the father of the informant. As per the post mortem report, no external injury was seen on the body of the deceased, cause of death could not be ascertained and viscera was preserved. It is contended that the prosecution case is not supported by the medical report. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that as per the allegations in the first information report the applicant was assaulted by five persons, however, as per the post mortem report, no external injury was seen on the body of the deceased, the cause of death could not be ascertained and viscera was preserved; thus, at this stage there is no substantive evidence against the applicants to link with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. 7. In the event of arrest, the applicants- Indresh and Mithilesh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants. 10. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 22.1.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad