HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8364 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri N.K.Sharma, learned AGA for the State and perused the material on record. 2. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 176 of 2025, under Sections 109, 351(2), 117 B.N.S., Police Station- Amroha Nagar, District- Amroha. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was subsequently disclosed by the injured in his statement under Section 180 B.N.S.S. The said statement insofar as it implicates the applicant is unreliable. Further, as per the medical report, the injured received three injuries. The injury nos. 1 and 2 were referred for x-ray examination whereas the injury no. 3 was simple in nature. As per the x-ray report, the injury no. 1 was a fracture of nasal bone and the injury no. 2 was a fracture of left leg. It is contended that although, the injury nos. 1 and 2 were grievous in nature but not dangerous to life. The nature of injuries shows that there was no intent to murder. Investigation has been completed. Charge sheet has been filed. During the pendency of Versus Counsel for Applicant(s) : Pankaj Sharma, Prashant Sharma Counsel for Opposite Party(s) : G.A. Atul Kumar Rahi .....Applicant(s) State of U.P. .....Opposite Party(s) investigation, the applicant was granted anticipatory bail till submission of Police report by this Court vide order dated 23.05.2025 passed in Criminal Misc. Anticipatory Bail Application No. 4079 of 2025. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. Criminal history of the applicant has been explained in para no. 21 of the affidavit. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and the fact that the applicant was not named in the first information report; the fact that as per the medical report, the injured received three injuries, the injury no. 3 was found simple in nature, as per the x- ray report, the injury no. 1 was a fracture of nasal bone and the injury no. 2 was a fracture of left leg, charge sheet has been submitted, the applicant had co-operated in the investigation, no custodial interrogation is required, no violation of conditions or misuse of liberty of anticipatory bail has been pointed out by learned A.G.A., without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicant Atul Kumar Rathi, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (ii) the applicant shall not directly or indirectly, make any inducement, threat or promise to any person acquainted with the NABAIL No. 8364 of 2025 2 facts of the case so as to dissuade from disclosing such facts to the Court; (iii) the applicant shall not leave India without the previous permission of the Court and if he has passport the same shall be deposited by him before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. October 28, 2025 Lbm/- NABAIL No. 8364 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad