Neutral Citation No. - 2025:AHC:77985 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 940 of 2025 Applicant :- Mayank Sonkar Alias Sheetu Opposite Party :- State of U.P. Counsel for Applicant :- Kashi Naresh Mishra Counsel for Opposite Party :- Amit Kumar Verma,Chandrawati,G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State- opposite party, and Sri Vipin Gangwar, Advocate holding brief of Sri Amit Kumar Verma, learned counsel for the informant, and perused the material available on record. 2. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 268 of 2022, under Sections 323, 325, 504, 506, 452, 34, 307 I.P.C., Police Station Shivkuti, District Prayagraj. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, the applicant was alleged to have assaulted the wife of the informant. The injured was examined on the same day at T.B. Sapru Hospital, Prayagraj. As per the medical report, the injured sustained three injuries. In the opinion of the doctor, the injuries were simple in nature. The injured was thereafter examined at S.R.N. Hospital, Prayagraj. As per the medical report prepared by the doctors at S.R.N. Hospital, Prayagraj, the injured sustained a fracture on the nasal bone. It is contended that there are inconsistencies in the two medical reports. The said inconsistencies discredit the prosecution case. It is next contended that although the said injury was grievous in nature but not dangerous to life. The nature of the injuries show that there was no intent to murder. Further, during the course of investigation the applicant was granted protection till the submission of police report by this Court vide order dated 20.12.2022 passed in Criminal Misc. Writ Petition No. 18200 of 2022, Mayank Sonkar @ Sheetu v. State of U.P. and others. The investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been submitted. The applicant has been summoned by the court concerned. No custodial interrogation is required. The criminal history of the applicant has been explained in Paragraph-28 of the affidavit. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that there are inconsistencies in the two medical reports; even otherwise the alleged injury on the nose of the injured was grievous in nature but not dangerous to life; during the course of investigation the applicant was granted protection till the submission of police report; the investigation has been completed; the applicant had cooperated in the investigation; no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant- Mayank Sonkar @ Sheetu, involved in the aforesaid case crime, be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) The applicant 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 from disclosing such facts to the Court; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 13.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad