HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1159 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Gyan Sagar Gupta, the learned counsel for the applicants as well as Sri Virendra Kumar, the learned Additional Government Advocate appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicants seeking anticipatory bail in F.I.R. bearing Case Crime No.0057 of 2025, under Sections 3(5), 109, 115(2), 352, 351(1), 351(2) B.N.S., registered at Police Station Kandhai, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 15.03.2025 against 7 persons, including the applicants stating that all the accused persons had attacked the informant's husband on 14.03.2025. The F.I.R. further states that the accused persons set some husk ablaze and pushed the husband of the informant into it. When her husband's elder brother tried to intervene he was also beaten up. The informant's husband was taken to District Hospital, Pratapgarh, from where he was referred to Swaroop Rani Hospital, Prayagraj. 4. The supplementary medical report of the injured person Vijay Shukla states that all the injuries suffered by him were simple in nature. 5. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicants are innocent, they have no criminal history and they have falsely been implicated in the present case. The applicant no.2- Pravesh Kumar Upadhyaya has also suffered injuries in the incident. He had to remain admitted to a hospital from 14.03.2025 to 16.03.2025 for facial injuries suffered by him in assault. Versus Counsel for Applicant(s) : Gyan Sagar Gupta, Aditya Vikram Shahi, Sujit Kumar Ojha Counsel for Opposite Party(s) : G.A. Prince Kumar Upadhyaya And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil And Another .....Opposite Party(s) 6. The learned counsel for the applicant has submitted that two co-accused persons have been granted bail in the present case by the Sessions Court. 7. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation against all other accused persons stands concluded and it is still pending against the applicants. 8. The copies of statements of injured persons and eye witnesses have been annexed along with the affidavit filed in support of anticipatory bail application, wherein it is alleged that the applicants were also involved in beating the victim with kicks and fists and there is no allegation of use of any weapon by them. 9. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the applicant no.2 had also suffered injuries in the incident and he had to remain admitted in a hospital for some days; that there is no allegation of use of any weapon by the applicants and the injuries sustained by the victim in the incident are simple in nature coupled with the fact that the applicants have no criminal history and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicants. 10. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicants-Prince Kumar Upadhyaya & Pravesh Kumar Upadhyaya 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) that the 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 from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicants shall not leave India without the previous permission of the court' (iv) that the applicants shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicants shall not pressurize/ intimidate the prosecution witness. September 8, 2025 Ram. NABAIL No. 1159 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench