Neutral Citation No. - 2025:AHC-LKO:3192 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 26 of 2025 Applicant :- Munnu Yadav @ Deshraj Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Atul Verma,Arvind Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Santosh Kumar Kanaujia, learned counsel for the applicant and Sri Diwakar Singh, learned A.G.A. for the State. 2. Learned counsel for the applicant has stated that the applicant is apprehending his arrest in Case Crime No. 308 of 2024, under Sections 191(2), 352, 109 B.N.S., Police Station- Bakshi Ka Talab, District- Lucknow. 3. Learned counsel for the applicant has stated that the applicant has been falsely implicated in the present case. As per the FIR, the applicant assaulted the victim by iron hammer on account of sudden provocation inasmuch as there was no prior enmity between the applicant and the victim. Even, there was no motive or intention to assault the victim. On the trivial issue relating to the parking of vehicle, the scuffle started between the parties and the applicant allegedly assaulted the victim. 4. As per the injury report of the victim, he received three injuries; one lacerated wound and two abrated contusion. He further stated that even if the prosecution story is taken on its face value, at the best the offence under Section 110 BNS may be made out and in that case, the applicant may be given the benefit of Section 41-A CrPC. 5. Learned counsel for the applicant has further stated that the applicant is having his permanent residence, therefore, there is no flight risk and the learned counsel for the applicant undertakes on behalf of the applicant that the applicant shall co- operate in the investigation proceedings and shall not misuse the liberty of anticipatory bail, if so granted by this Court. He further stated that in view of the dictum of Hon'ble Apex Court in re; Sushila Aggarwal And Others Vs. State (NCT of Delhi) And Another 2005 SCC 1, the liberty of the applicant may be protected till conclusion of the investigation and filing of the police report. 6. Learned A.G.A. for the State has opposed the aforesaid prayer for bail by submitting that this is not a case of false implication inasmuch as the applicant has assaulted the victim and as to whether this case would fall under Section 109 BNS or Section 110 BNS, would be ascertained after completion of investigation, therefore, the bail application of the applicant may be rejected. 7. Therefore, having heard learned counsel for the parties, without entering into the merits of the issue, since the applicant is ready to participate in the investigation; he is having his permanent residence and there is no flight risk; he was having no prior enmity with the victim; the incident in question might have taken place on account of sudden provocation, if any, I find it appropriate that liberty of the applicant may be protected till completion of investigation and filing of police report in the light of the dictum of the Hon'ble Apex Court in re; Sushila Aggarwal And Others Vs. State (NCT of Delhi) And Another 2005 SCC 1. 8. It is further directed that in the event of arrest, applicant- Munnu Yadav @ Deshraj, shall be released on anticipatory bail in the aforesaid case crime number till completion of the investigation and filing of police report, on his furnishing a personal bond and two sureties of Rs.100,000/- (Rupees One Lakh Only) each, with the following conditions:- (i) that the applicant shall appear before the investigating officer and trial court on each date fixed unless his personal presence is exempted; (ii) that 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 from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without prior permission of the court; (iv) that the applicant shall not pressurize/ intimidate the prosecution witnesses and shall not tamper with evidence during trial; (v) that in case of breach of any of the above conditions the court below shall have the liberty to cancel the bail; (vi) that in default of any of the conditions mentioned above, the learned counsel for the State shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. This anticipatory bail application is disposed of in view of the above terms. (Rajesh Singh Chauhan,J.) Order Date :- 17.1.2025 (Manoj K.) Digitally signed by :- MANOJ KUMAR High Court of Judicature at Allahabad, Lucknow Bench