HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8450 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed by the learned counsel for the applicant today is taken on record. 2. Heard Mohammad Ahmar Malik, learned counsel for the applicant and Sri B.P. Singh, learned A.G.A. for the State and perused the record. 3. Present application has been moved seeking anticipatory bail in Case Crime No. 391 of 2025, under Sections 115(2), 352, 351(2), 118(2) BNSS, Police Station Ajitmal, District Auraiya 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 general allegation has been levelled against him. It is further submitted that the applicant is having no criminal history. It is further submitted that 04 persons are said to have assaulted Shuhail as a result of which his eyesight of right eye has been lost. 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. Versus Counsel for Applicant(s) : Mohammad Ahmar Malik Counsel for Opposite Party(s) : G.A. Babu Alias Chand Babu .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that the injured Shuhail has lost his eyesight of right eye in the alleged assault. 6. I have considered the rival submissions made by learned counsel for the parties. 7. No specific role has been assigned to the applicant. As per the allegation in the FIR, 04 persons including the applicant are said to have assaulted the injured Shuhail as a result of which he received injuries and his eyesight of right eye has been lost. The applicant is having no criminal history. Even the injured has not assigned any specific role to the applicant in his statement recorded under Section 180 BNSS. 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. 10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicant- Babu Alias Chand Babu 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, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear NABAIL No. 8450 of 2025 2 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. 8450 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad