Neutral Citation No. - 2025:AHC-LKO:36196 Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 664 of 2025 Applicant :- Avinash Alias Akash Dubey Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Alok Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The instant application has been filed on behalf of the applicant with the prayer to release him on anticipatory bail in FIR/Case Crime No.90 of 2025, under Sections 115(2), 352, 324(4), 109 of the Bhartiya Nyaya Sanhita (BNS), 2023, Police Station Tulsipur, District Balrampur. It is contended by learned counsel for the applicant that the applicant is innocent and he has falsely been implicated in the instant matter due to ulterior motive. He also submits that there are material discrepancy in the First Information Report as well as in the statement recorded under Section 161 Cr.P.C. He also submits that due to anonymity, the present applicant has been named in the instant matter and there is no truthfulness to the same. Thus, submission is that the applicant may be enlarged on anticipatory bail. On the other hand, learned AGA appearing for the State has vehemently opposed the contentions aforesaid and has submitted that CT Scan report of the injured, appended as Annexure no. 6, at page 28 of the anticipatory bail application, is apparent that there are fracture of frontal bone on right side extending into walls of ethmoidal sinus, roof and medial wall of orbit on right side with overlying soft tissue swelling. He further submits that the applicant is named in the First Information Report and nature of the offence is heinous and if the applicant is granted anticipatory bail, he would tamper the evidences and would threaten the witnesses and, as such he is not entitled for anticipatory bail. Considering the submissions of learned counsel for the parties and after perusal of record, it transpires that the applicant is named in the First Information Report and there is allegation that he was involved in committing the offence, as he assaulted the injured over the head, wherein the injured received serious injuries, as is evident from the CT Scan report, which also shows that there are two lacerated wounds in which one is on the head of the injured. This Court has also noticed the ratio laid down by the full Bench of this Court rendered in the case of Ankit Bharti Vs. State of U.P. and another reported in [2020 SCC OnLine All 1949], wherein Hon'ble Full Bench has held that there must necessarily be found the strong, cogent, compelling and special circumstances for grant of anticipatory bail, which is lacking in the present case. This Court is also mindful to the judgment of Apex Court rendered in the case of Nathu Singh Vs. State of Uttar Pradesh and others reported in [(2021) 6 SCC 64], wherein it has been held that nature and gravity of the offence shall be looked into while considering the anticipatory bail application. So far as the present case is concerned, there are injuries over the body of the injured and the applicant is named in the FIR and even the injured has also named the applicant. Considering the aforesaid facts and circumstances of the case, this Court finds no merit in the instant anticipatory bail application. Thus, the anticipatory bail application is hereby dismissed. However, it is open for the applicant to move regular bail and if he chooses to file regular bail, the same shall be decided expeditiously by the learned trial court. Order Date :- 24.6.2025 kkv/ Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench