HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1355 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Vishnu Kumar Srivastava, learned counsel for the applicants, Sri Ashok Kumar Srivastava, learned A.G.A. appearing on behalf of the State and perused the record. 2. Learned counsel for the applicants submits that he does not want to press the instant bail application in respect of the applicant no.2. and the said accused may be permitted to move an application for bail before the trial court. 3. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.185/2025, under Sections- 191(2), 191(3), 190, 115(2), 352, 351(3), 109 BNS, registered at Police Station- Wazirganj, District- Gonda. 4. The aforesaid case has been registered on the basis of an F.I.R. lodged on 22.06.2025 against 8 known persons along with the applicants and 8 unknown persons, stating that all the accused persons attacked the complainant's house because of an old animosity and at the exhortation of the applicants, other co- accused persons assaulted the persons from complainant's side with stick, hockey and incised weapon. Two persons have suffered injures in the incident. Versus Counsel for Applicant(s) : Vishnu Kumar Srivastava, Upendra Kumar Sagar Counsel for Opposite Party(s) : G.A. Ganga Singh @ Bhelar Singh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 5. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant no.1 is a 70 years old person, he has been falsely implicated in the present cases. The applicant's involvement in 4 other cases has been disclosed in paragraph no.38 of the affidavit, in one of which, he has been granted bail and in two cases, he has not received summon and in one case, interim order has been passed in is favour. 6. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the allegations have been established during investigation and 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 only allegation against the applicant no.1 is of exhortation; the injures caused by the other accused persons are simple in nature. He was not arrested till investigation and the investigation is still going on, he has undertaken to cooperate in the investigation/trial, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant no.1. 8. In view of the above, the anticipatory bail application in respect of the applicant no.1 is allowed. In the event of arrest/ appearance of applicant no.1- Ganga Singh @ Bhelar Singh before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant no.1 shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicant no.1 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 NABAIL No. 1355 of 2025 2 to the Court or to any police officer or tamper with the evidence; (iii) that the applicant no.1 shall not leave India without the previous permission of the court. (iv) that the applicant no.1 shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant no.1 shall not pressurize/ intimidate the prosecution witness. 9. The anticipatory bail application in respect of the applicant no.2 is rejected leaving it open for the applicant no.2 to file an application for grant of bail and in case, such an application is filed, the same shall be considered and decided in accordance with the law laid down by the Hon'ble Supreme Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another: (2022) 10 SCC 51. September 25, 2025 V. Sinha NABAIL No. 1355 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench