HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1230 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Shitla Prasad Tripathi, the learned counsel for the applicant as well as Sri Shikhar Srivastava, the learned Additional Government Advocate appearing on behalf of 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.265 of 2025, under Sections 109(1), 115(2), 190, 191(2), 119(3), 352, 351(2) B.N.S., registered at Police Station Hyderabad, District Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 25.07.2025 against six persons, including the applicant alleging that all the accused persons abused and beat up the informant's nephew and when some other family members tried to save him they were also assaulted with a sword. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is innocent, he has no criminal history and he has falsely been implicated in the present case. 5. It has further been stated that seven persons from the applicant's side have also received injuries in the incident, including the applicant himself who has suffered a fracture in his thumb, whereas his brother Afak has suffered a lacerated wound Versus Counsel for Applicant(s) : Shitla Prasad Tripathi, Amresh Singh, Pawan Kumar Yadav Counsel for Opposite Party(s): G.A. Aftab @ Naheed Khan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Civil Sectt. Lko. And Another .....Opposite Party(s) on right side of his head. Copies of injury reports of persons injured from the applicant's side, including the applicant have been annexed with the bail application and with the supplementary affidavit. 6. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation is still going on. He has further submitted that there is a specific allegation against the applicant that he had assaulted Amir with a sword. 7. Amir has received simple injuries whereas the applicant has suffered a fracture in his thumb, which is a grievous injury. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that seven persons from the applicant's side including the applicant himself have received injuries in the incident whereas this fact has not been disclosed in the F.I.R. which indicates that the F.I.R. does not disclose the complete facts; that the applicant has received fracture in his thumb, which is a grievous injury coupled with the fact that the applicant has 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 applicant. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Aftab @ Naheed Khan before the learned Trial Court in the aforesaid case crime, he shall be released on 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 available for 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; NABAIL No. 1230 of 2025 2 (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 Ram. NABAIL No. 1230 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench