HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8845 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Sri Anand Prakash, learned counsel for the applicant and Sri Manoj Gautam, learned A.G.A. for the State and perused the record. 3. Present application has been moved seeking anticipatory bail in Case Crime No. 322 of 2025, under Sections 281, 109(1), 352 B.N.S., Police Station Baraut, District Baghpat with the prayer that in the event of arrest, applicant may be released on bail. 4. It is contended by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case. He further submits that no offence is made out against the applicant as the applicant is not named in the FIR. It is further submitted that four persons are said to have assaulted the informant side as a result of which one person is said to have received injury on his head and a fracture radius bone in the head has been shown. It is further submitted that arrest of one of the co-accused has been stayed by a Division Bench of this Court till the next date of listing or till cognizance is taken by the Court on the police report vide order dated 19.6.2025 passed in Criminal Misc. Writ Petition No. 13057 of 2025 and arrest of another co-accused has also been stayed by a Division Bench of this Court till the next date of listing vide order dated 14.10.2025 passed in Versus Counsel for Applicant(s) : Anand Prakash Dubey, Prashant Kumar Dubey Counsel for Opposite Party(s) : G.A. Badal Chaudhary Alias Lota .....Applicant(s) State of U.P. .....Opposite Party(s) Criminal Misc. Writ Petition No. 23223 of 2025. It is further submitted that the applicant is having no criminal history. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that the injured has identified the applicant and they were also involved in commission of the offence. 6. I have considered the rival submissions made by learned counsel for the parties. 7. The applicant is not named in the first information report. During investigation his name has surfaced and no specific role has been assigned to him. As per the allegation in the FIR four persons are said to have assaulted the informant side by the butt of tamancha as a result of which one person is said to have received injury on his head and a fracture radius bone in the head has been shown. The arrest of the other co- accused persons has been stayed by the Division Bench of this Court. The applicant is having no criminal history. 8. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 9. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. NABAIL No. 8845 of 2025 2 10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicant- Badal Chaudhary Alias Lota involved in the aforesaid case crime, he shall be released on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned till submission of the police report under Section 193(3) BNSS/173(2) CrPC, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) 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/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would cooperate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 12. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant herein. October 30, 2025 Abhishek NABAIL No. 8845 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad