Neutral Citation No. - 2025:AHC-LKO:25616 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 394 of 2025 Applicant :- Manish And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Kaushal Kishore Tewari,Vivek Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Kaushal Kishore Tewari, the learned counsel for the applicants, as well as Sri Jayant Singh Tomar, learned Additional Government Advocate-I for the State, and perused the records. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R. bearing Case Crime No.022 of 2025, under Sections 115(3), 352, 351(3), 105 and 110 B.N.S. lodged at Police Station Atrauli, District Hardoi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 17.01.2025 at 18:31 hours against four persons, including the applicants, who are father and son, stating that the informant and his father were irrigating their fields at 9.30 p.m. on 16.01.2025 accused persons asked them to first irrigate their fields. When the informant declined, the accused persons assaulted the informant and his father with sticks and banka; the informant's father was taken to the primary health centre, Bharawan from where he was referred to trauma centre, Lucknow. 4. The informant's father died on 10.02.2025 and his postmortem examination was conduced on 11.02.2025 which mentions an old healed mark of size 5cm x 2cm present on frontal region, frontal bone was found fractured, subdural haematoma was present all over the brain, and cause of death has been opined to be antemortem head injury. 5. In the affidavit filed in support of bail application, it has been stated that the applicants are innocent, they have been falsely implicated in the present case, and they have no criminal history. 6. Applicant no. 1 is a young man aged 21 years, who is presently pursuing B.A. IInd year course 7. Learned Additional Government Advocate-I has opposed the anticipatory bail. He has produced the relevant extract of case- diary for perusal of the Court wherein the witnesses have stated that all the accused persons had beaten up the deceased. Although the informant has stated that he was also assaulted by the accused persons with sticks and banka, he has not been medically examined. Learned AGA-I has stated that the investigation is still pending. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that although the informant has stated that he was also assaulted by all the four accused persons, he has not been medically examined; there is nothing on record to substantiate that the informant had been beaten up by the accused persons; the informant has alleged that all the four accused persons had assaulted his father by sticks and banka but his father had suffered a solitary injury on his head; the deceased was a 70 years old person; he died 24 days after the incident during his treatment in a hospital; role of causing the solitary injury has not been assigned to any particular accused person; the applicants are having no criminal history and they have undertaken to cooperate in the investigation as well as trial, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicants. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/appearance of applicants- Manish and Sanjay Kumar Rawat @ Sanjay before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court; (iv) that the applicants shall appear before the trial court on each date fixed, unless their personal presence is exempted; and (v). that the applicants shall not pressurize/ intimidate the prosecution witness. (Subhash Vidyarthi, J.) Order Date :- 2.5.2025 MVS/- Digitally signed by :- MANOJ VIKRAM SINGH CHAUHAN High Court of Judicature at Allahabad, Lucknow Bench