HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 518 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Case called out. Nobody is present on behalf of the applicants to press the instant application and no request for adjournment of the case has been made. Sri Ashok Kumar Srivastava, the learned A.G.A. appearing on behalf of the State is present. 2. The applicants were granted interim anticipatory bail by means of the following order passed on 26.05.2025 by a Coordinate Bench of this Court: "1. Heard learned counsel for applicants, learned Additional Government Advocate appearing on behalf of opposite party no.1-State while power on behalf of complainant has been filed by Mr. Amit Kumar, Advocate, which is taken on record. 2. First Anticipatory Bail Application has been filed with regard to Case Crime No.237 of 2025, under Sections 109(1), 333, 352 BNS, P.S. Dhaurahara, District Lakhimpur Kheri. 3. As per contents of first information report, applicants alongwith co-accused is said to have attacked and grievously injured the son of informant on 21.04.2025. 4. Learned counsel for applicants submits that applicants have been falsely implicated in allegations levelled against him which could been evident not only from the FIR but also from the statement of injured whereby only general role has been assigned by the co-accused. It is submitted that even injuries indicated are simple in nature and would not attract the provisions of Section Versus Counsel for Applicant(s) : Alok Kumar Singh Counsel for Opposite Party(s) : G.A., Amit Kumar Kamlesh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 109(1) BNS. It is however admitted that applicants do not have any previous criminal history and he undertakes to cooperate in investigation. 5. Learned Additional Government Advocate and learned counsel for informant have opposed anticipatory bail application with submission that the applicants are clearly nominated in the FIR as having inflicted injuries. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears that in the FIR as well as in the statement of injured, only general allegations of inflicting injuries have been levelled. Applicants do not have any previous criminal history and the aspect of nature of injury attracting Section 109(1) BNS would be subject matter of evidence during the course of trial. 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. List this case on 03.07.2025, as fresh showing the name of Mr. Amit Kumar, Advocate as learned counsel for complainant. 8. Objections may be filed in the meantime. 9. Learned AGA shall obtain instructions by next date of listing regarding cooperation by applicants in the investigation. 10. In view of above, interim anticipatory bail is granted to applicants providing that in the event of arrest, applicants- Kamlesh and Raj Kishor shall be released on interim anticipatory bail on his/her furnishing a personal bond and two sureties of the like amount to the satisfaction of the arresting officer/I.O./S.H.O. concerned subject to following conditions:- (i) That the accused-applicants shall make himself/herself 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 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; and (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. " NABAIL No. 518 of 2025 2 3. The Sate has filed a counter affidavit and on the basis of instructions provided to him, the learned A.G.A has stated that the investigation stands concluded and a charge sheet has already been submitted on 31.02.2025. 4. There is no allegation of any misuse of the conditions of the interim anticipatory bail granted to the applicants by means of the aforesaid order dated 26.05.2025. 5. In these circumstances, this Court finds no good ground to take a view different from the view taken by a Coordinate Bench of this Court on 26.05.2025 granting anticipatory bail to the applicants. 6. In view of above, the interim order dated 26.05.2025 is made absolute and the anticipatory bail application is allowed in terms of the aforesaid order. September 19, 2025 Preeti NABAIL No. 518 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench