Neutral Citation No. - 2025:AHC-LKO:25405 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 401 of 2025 Applicant :- Alok Singh And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Aman Kumar Shrivastav,Priyanka Shahi 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 State while power on behalf of complainant has been filed by Mr. Ashok Kumar Advocate, which is taken on record. 2. Supplementary affidavit filed today is also taken on record. 3. This first anticipatory bail application has been filed with regard to Case Crime No. 71 of 2025 under Sections 190, 191 (2), 191 (3), 109 (1), 115 (2), 352, 351 (3), 118 (1) BNS, Police Station Mitauli, District Lakhimpur Kheri. 4. As per contents of First Information Report, the incident is said to have taken place on 11.03.2025 at about 07:00 AM in which the applicant alongwith co-accused is said to have attacked the informant and his family members while inflicting serious injuries upon them. 5. It is submitted that applicants have been falsely implicated in charges levelled against them. Learned counsel has adverted the contents of FIR and statement of injured to indicate that only general role of attacking the injured and his family members have been attributed to the applicants. He has also adverted to injury reports of three persons to indicate that only simple nature of injuries were found. It is submitted that investigation is still ongoing in the matter and the applicants do not have any previous criminal history. 6. Learned AGA as well as learned counsel for informant have opposed anticipatory bail application with the submission that injuries suffered are serious in nature with one of the injured having lost his voice in the attack. Learned AGA, however, admits that applicants do not have any previous criminal history. 7. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that from the allegations levelled in the FIR as well as statements of injured by only role of accompanying the co-accused and inflicting injuries has been cast upon applicant. The nature of injuries also appear to be simple. The applicants admittedly do not have any previous criminal history. It also appears that although allegation of causing injuries have been attributed to the applicant nos.1 and 3 but the nature of injuries indicated are simple, therefore applicability of Section 109 (1) BNS would be subject matter of evidence. The aspect of altercation having occurred on the spur of moment would be subject matter of trial as per evidence. 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. 8. In view of the above, it is provided that in the event of arrest, the applicants, Alok Singh, Vineet Singh, Amit Singh, and Surjeet Singh, shall be released on anticipatory bail in aforesaid Case Crime number on their 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-applicants will remain present as and when the arresting officer/I.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicants 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. 9. The application stands disposed of. Order Date :- 2.5.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench