Neutral Citation No. - 2025:AHC-LKO:25776 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 367 of 2025 Applicant :- Dasharam Saroj And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko And Another Counsel for Applicant :- Ravi Shankar Mishra,Abhijeet Mishra Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicants and learned Additional Government Advocate appearing on behalf of opposite party no.1. Supplementary affidavit filed today is taken on record. 1A. In view of order being passed in this petition, notices to opposite party no.2 stand dispensed with. 2. First Anticipatory Bail Application has been filed with regard to Case Crime no.387 of 2024, under Sections 191(2), 191(3), 190, 115(2), 131, 109, 324(5), 352, 351(3), 110, 326(G) BNS and Section 7 Criminal Law Amendment Act, registered at Police Station Baghrai, District Pratapgarh. 3. As per contents of first information report, incident is said to have taken place on 10.12.2024 at about 7.30 hour applicants alongwith co- accused are said to have attacked and inflicted injuries upon informant and his family members. 4. It has been submitted that applicants have been falsely implicated in charges levelled against them which could be evident from the fact that only general allegations have been levelled against all the accused without any specific assertion pertaining to inflicting injuries. It is submitted that even otherwise the injury report does not corroborate with allegations while alluding Section 109 BNS. It is submitted that the applicants as well have registered First Information Report No.391 of 2024 pertaining to same incident against the informant and his family members. It is submitted that applicants and their family members have also suffered injuries and at this stage the instigator of altercation cannot be ascertained. It is submitted that previous criminal history of one case of applicant no.1 has been explained. 5. Learned Additional Government Advocate has opposed anticipatory bail with submission that injuries having been suffered by informant and his family members clearly corroborate allegations levelled against applicants. It is however admitted that previous criminal history of applicant no.1 and no previous criminal history of applicants no.2 to 4 have been explained. It is also submitted that charge-sheet in the matter has not yet been filed while applicants are cooperating in the same. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that general assertions of having inflicted injuries has been imposed upon all the applicants. It is the case of cross FIRs where injuries have been suffered by both sides and therefore at this stage the instigator of altercation cannot be determined. Investigation is yet ongoing with applicants admittedly cooperating in the same. Thus, in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another (2020)5 SCC 1, it would be appropriate to grant interim anticipatory bail to applicants under Section 438 Cr.P.C./482 BNSS. 7. In view of above, it is provided that till filing of police report u/s 173(2) Cr.P.C./193 BNSS in the event of arrest, applicants Dasharam Saroj, Ramnath Saroj, Ramswaroop @ Nanchu and Manoj Kumar shall be released on interim anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (i) That the accused-applicants shall make themselves available for interrogation by police authorities as and when required and will cooperate with the investigation; (ii) That the accused-applicants shall not, directly or indirectly, make any inducement, threat or promise to any persons acquainted with the facts of the case so as to dissuade them from disclosing such facts to the court or to any police officer or tamper with the evidence; (iii) That the accused-applicants shall not leave India without the previous permission of the Court. (iv) In case of default, it would be open for the investigating agency to move application for vacation of this order. 8. The application stands disposed of. Order Date :- 5.5.2025 Subodh/- Digitally signed by :- SUBODH KUMAR SINGH High Court of Judicature at Allahabad, Lucknow Bench