HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1081 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Dinesh Kumar Ojha, learned counsel appearing on behalf of the applicant, Shri Nagarjun Pandey, the learned State counsel and Shri Abhishek Mishra, learned counsel for the complainant. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.310 of 2025, under Sections 109, 115(2), 351(2), 34 of BNS, registered at Police Station-Kotwali City, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 10.07.2025 against 3 named persons, including the applicant, and one unnamed person stating that the accused persons were sitting in a SUV which was being driven by co-accused Tauheed Khan and he intentionally, hit the informant's motorcycle with the SUV. The informant has received injuries in the incident. 4. The injury report mentions several abrasions and contusions suffered by the informant but none of the injury is grievous in nature. 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent and he has been falsely been implicated in the present case. The applicant's involvement in 10 other criminal cases have been disclosed in para 15 of the affidavit, in three of which the applicant has been granted bail and in rest of the cases, the Versus Counsel for Applicant(s) : Dinesh Kumar Ojha Counsel for Opposite Party(s) : G.A., Abhishek Mishra Mohd. Arif .....Applicant(s) State Of U.P. Thru. Prin. Secy. (Home) U.P. Lko. And 2 Others .....Opposite Party(s) applicant is acquitted or the Investigating Officer has not included his name in the charge sheet. 6. The learned A.G.A. as well as learned counsel for the complainant have opposed the prayer for bail. 7. The learned A.G.A. has produced s copy of the relevant extract of the case diary for perusal of the Court wherein it is recorded that an eye witness Yazvendra Pratap Singh has given the statement supporting the FIR version. This witness is s relative of the informant. 8. The applicant had filed a Criminal Misc. Writ Petition No.6377 of 2025 which has been disposed of by means of an order dated 21.07.2025 by observing that the FIR discloses commission of a cognizable offence. 9. The mere dismissal of the writ petition for quashing of the FIR does not take away the right of the accused persons to file bail / anticipatory bail application. 10. Two co-accused persons Tauheed Alam and Abdul Ateeq have been granted bail in the present case by means of separate orders passed by Session Judge, Pratapgarh on 13.08.2025. 11. Having considered the aforesaid facts and circumstances of the case and keep in view the fact that the co-accused Tauheed Alam and Abdul Ateeq have been granted bail by the Session court, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 12. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant 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 applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, NABAIL No. 1081 of 2025 2 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 applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness. August 25, 2025 S. Shivhare NABAIL No. 1081 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench