Neutral Citation No. - 2025:AHC:19932 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 748 of 2025 Applicant :- Rajesh Opposite Party :- State of U.P. Counsel for Applicant :- Akash Tyagi,Neha Tyagi Counsel for Opposite Party :- Dinesh Kumar Bind,G.A.,Pranshu Gupta Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Shri Pranshu Gupta, counsel for the informant and Shri Anupam Anand, learned Brief Holder for the State. 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. 198 of 2024, under Sections 191(2), 191(3), 190, 109, 115(2), 118(1), 352, 351(2), 351(3) B.N.S., Police Station Kharkhauda, District Meerut. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the first information report, four named persons and three unknown persons are alleged to have caused injury to two sons of the informant namely Ankush and Vaibhav. As per the allegations, Shivansh armed with country made pistol, Rahul armed with Farsa (battle-axe), Mohit armed with Balkati (a sharp-edged weapon) and Rajesh (applicant) armed with lathi are alleged to have assaulted Ankush and Vaibhav. As per the medical report of Ankush Tyagi, he received injuries which were found simple in nature. The other injured Vaibhav Tyagi received six injuries. In the opinion of the doctor, the injury no. 1 was a fire-arm injury and was found grievous in nature. The other injuries were found simple in nature. Specific role of causing firearm injury has been assigned to named co-accused Shivansh. It is contended that role of the applicant is clearly distinguishable from that of Shivansh. The applicant had no intent to murder the injured persons. The applicant has no criminal antecedents. It is next contended that during the pendency of investigation the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 23.9.2024 passed in Criminal Misc. Anticipatory Bail Application No.8651 of 2024 (Rajesh Tyagi vs. State of U.P. and another). The investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that as per the medical report of Ankush Tyagi, he received injuries which were found simple in nature. The other injured Vaibhav Tyagi received six injuries. In the opinion of the doctor, the injury no. 1 was a fire-arm injury and was found grievous in nature. The other injuries were found simple in nature. Specific role of causing firearm injury has been assigned to named co-accused Shivansh. During the course of investigation, the applicant was granted anticipatory bail by this Court vide order dated 23.9.2024. The applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Rajesh, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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 make himself available on each date fixed in the matter 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 from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 11.2.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad