Neutral Citation No. - 2025:AHC-LKO:28241 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 131 of 2025 Applicant :- Shashikant Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ajmal Khan,Ambrish Kumar Dubey,Juned Khan,Parvez Khan Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicant and learned Additional Government Advocate appearing on behalf of opposite party. 2. In view of order being passed, notices to opposite party no.2 stand dispensed with. 3. First anticipatory bail application has been filed with regard to case crime No. 0186 of 2024, under Sections 191(2), 191(3), 190, 109(1), 110, 333, 117(2), 115(2), 352, 351(3) of BNS, P.S. Maheshganj, District Pratapgarh. 4. As per contents of FIR, the applicant along with co-accused is said to have attacked and inflicted serious injuries upon the informant and his family members on 30.08.2024 at 11.00 a.m. 5. It is submitted that applicant has been falsely implicated in allegation levelled against him which would be evident from the fact that it is case of cross FIRs with the applicant's family has also lodged FIR against the informant and his family members on the same day with only difference of 43 minutes. It is therefore submitted that at this stage instigator of the altercation cannot be determined. It is also stated that the injury report does not corroborate the allegation of Section 109 (1) of BNS. It is also submitted that the applicant is a B.A final year student and undertakes to cooperate in the investigation. 6. Learned A.G.A. has opposed bail application but does not dispute the said facts. It is also submitted that investigation is still ongoing. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that the cross FIRs have been lodged by both the parties and injuries have been suffered by both sides. At this stage instigator of altercation cannot be determined. Even otherwise the injury report indicates simple injuries suffered by hard and blunt object. The applicant being student undertakes to cooperate in the investigation. 8. Without expressing any opinion on the merits of the case, I am of the opinion that the liberty of the applicant may be protected till filing of police report under section 173(2) Cr.P.C. in view of dictum of Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1. 9. In view of the above, it is provided that in the event of arrest, the applicant, Shashikant shall be released on anticipatory bail in aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of court concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. 10. The application stands disposed of. Order Date :- 14.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench