HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1093 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ramakar Shukla, learned counsel appearing on behalf of the applicant as well as Shri Jayant Singh Tomar, learned A.G.A.-I appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.35 of 2025, under Sections 118(1), 117(2), 352, 351(3), 109 of BNS, registered at Police Station- Musafirkhana, District- Amethi. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 13.02.2025 against three persons, including the applicant and his brothers, stating that while shuttering work was going on at the informant's house, the accused persons came there at 06:30 p.m. on 12.02.2025 and tried to obstruct the shuttering work. It is alleged that the applicant had assaulted the informant's sons Vinod and Kapil with a farsa. 4. The injury reports of Vinod and Kapil indicate that Vinod had suffered an incised wound on right forearm and the injury is grievous in nature. Kapil has suffered 2 abrasions on back of thoracic region and injuries are simple in nature. 5. The F.I.R. bearing No.36 of 2025 of the incident was lodged from the applicant's side also 13.02.2025 against four persons, including the informant of the present case Ram Bahadur and his injured sons Kapil Mishra and Vinod Mishra, stating that they had assaulted Anil Mishra with Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Bipin Mishra @ Bipin .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) sticks and sharp edged weapon. Anil Mishra has suffered a lacerated wound over right mid parietal region besides a contusion in left arm and an abrasion over right side of back. 6. The applicant has also suffered a lacerated wound over left eyebrow besides complaint of pain in right side of skull, chest region and right shoulder. 7. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent having no criminal history and he has been falsely been implicated in the present case. 8. The learned counsel for the applicant has submitted that a compromise has been entered into between the parties on 22.01.2025 regarding a passage dispute as has been annexed with the bail application and it has been stated that it is because of the violation of this agreement, the altercation had taken between the parties which escalated suddenly. 9. The learned A.G.A. has opposed the prayer for bail application and he has submitted that the allegations levelled against the applicant have been established during the investigation and a charge sheet has been submitted on 19.03.2025. 10. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place because of a passage dispute between the parties in which persons from the side including the applicant have suffered injuries; that the injuries suffered by the applicant is on the vital part of the body whereas the injuries suffered by the victims are both serious in nature but not on the vital part of the body; that the F.I.R.s have been lodged from both the sides and the investigation already stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 11. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, he shall be released on anticipatory bail on his 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; NABAIL No. 1093 of 2025 2 (ii) that 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 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 26, 2025 S. Shivhare NABAIL No. 1093 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench