HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1212 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Ashish Raman Mishra, the learned counsel for the applicant, Sri Avishesh Kumar Singh, the learned A.G.A. for the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.31 of 2025, under Sections 167, 193, 467, 468, 471, 120-B I.P.C., registered at Police Station Khairighat, District Bahraich. 3. The aforesaid case has been registered on the basis of F.I.R. lodged on 21.01.2025 in furtherance of an application under Section 175(3) B.N.S filed against five persons, including the applicant, describing him as the then Radiologist, District Hospital, Bahraich, stating that Shivpal Bhujwa had lodged a non cognizable report No. 93/ 2020 dated 27.04.2020 against the informant and his three brothers. Thereafter, co-accused persons Shivpal Bhujwa and Preet Kumar got their X-ray examination conducted. Initially, the doctor had given a report that no abnormality was detected in the X-ray examination but the co-accused persons got this report altered under a conspiracy with the applicant, the then radiologist in the district hospital and Bhikari Singh Parihar, the then In-Charge X-ray/Record Keeper. 4. In the affidavit filed in support of the anticipatory bail application, it Versus Counsel for Applicant(s) : Ashish Raman Mishra Counsel for Opposite Party(s) : G.A. Dr. Kishun Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another .....Opposite Party(s) has been stated that the applicant is an innocent person and he has been falsely implicated in the present case. The applicant's involvement in four other criminal cases has been disclosed in the affidavit filed in support of the application, in two cases, the applicant's arrest has been stayed, in one case, the applicant has been granted anticipatory bail and one case has been lodged after the present F.I.R. 5. The learned counsel for the applicant has submitted that co- accused Shivpal Bhujwa, has been granted bail by means of and order dated 02.07.2025 passed by the Session Judge, Bahraich. Another co-accused Bhikhari Singh Parihar, has been granted bail by means of an order dated 08.09.2025 passed by this Court in Criminal Misc. Bail Application No. 8390 of 2025. 6. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the investigation in the present case is still going on. 7. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the X-ray examination referred in the F.I.R was conducted in the year 2020 whereas the present F.I.R has been lodged in the year 2025; the co-accused against whom principal allegations have been levelled, has already been granted bail whereas the applicant is a 59 years old person, he is in Government service and there is no reasonable apprehension of his absconding from the process of law, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Dr. Kishun Kumar 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 themselves available for NABAIL No. 1212 of 2025 2 interrogation by a police officer as and when required; (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. September 15, 2025 Preeti. NABAIL No. 1212 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench