HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1790 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Shri Rajesh Kumar Gupta, Advocate on behalf of complainant is taken on record. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No.803 of 2025 under Section 191(2), 191(3), 109, 352, 351(3) BNS, 2023 Police Station Shushant Golf City, District Lucknow. Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for the complainant. In the prosecution case, it is alleged that on 09.09.2025 at about 1:20 p.m., while the informant was going to take a bath, the co- accused Aman Dwivedi, who had already laid an ambush near Shankar Rawat’s shop, started hurling abuses along with the other co-accused persons. It is further alleged that all the accused persons assaulted the informant as well as his nephew, who came to his rescue. It is also alleged that the accused were armed with sticks, a spade, and an axe. Learned counsel for the applicant submits that the injured has received simple injuries. No case under Section 109 BNS is made out. The applicant and all his family members have been falsely Versus Counsel for Applicant(s) : Abhishek Tiwari, Ajay Rajput Counsel for Opposite Party(s) : G.A. Anand Devi @ Malti Devi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. .....Opposite Party(s) implicated, and no specific role has been assigned to him. Learned counsel for the applicant further submits that if the accused is granted anticipatory bail, he undertakes to comply with all conditions imposed by the Court. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Learned AGA as well as learned counsel for the complainant have opposed the bail application. Learned counsel for the complainant submits that the informant has received a lacerated wound on the back of the skull along with other injuries. On due consideration of the fact that the injured has received simple injuries, and that five persons of one family, including three ladies, have been made accused of committing the offence, it prima facie appears that the ingredients necessary to attract the offence under Section 307 IPC are missing as also in view of the undertaking given on behalf of the applicant to cooperate with the investigation, I am of the opinion that the applicant deserves to be released on anticipatory bail in light of the judgment of the Hon’ble Supreme Court in Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his continued cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. NABAIL No. 1790 of 2025 2 The application is allowed. November 25, 2025 Madhu D.R/P.S NABAIL No. 1790 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench