HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1875 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Vakalatnama filed by Sri Umakant Gupta, Advocate on behalf of opposite party No. 2 is taken on record. Heard learned counsel for the applicant and learned A.G.A. for the State. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No. 320/2025, Under Sections 191 (3), 115(2), 352, 351 (3), 117(2), 109 (1), B.N.S., Police Station-Chhapia, District-Gonda. Submission of learned counsel for the applicant submits that the applicant has been falsely implicated due to an old land dispute and animosity between the parties. It is stated that three real brothers along with other members of the extended family have been falsely roped in. On the side of the applicant, three persons sustained injuries and an FIR has also been lodged against the complainant and others in that regard. It is further submitted that the prosecution case contains general allegations of causing injuries to all three injured persons. Except for Brijesh Mishra, who has suffered an incised wound on the occipital region, the injuries sustained by the other two persons are simple in nature. The injury caused to Brijesh Mishra has not been attributed to the applicant; even in the complainant's statement, the specific role of assault with a 'spade' has been assigned to co-accused Ramakant. Learned counsel for the applicant submits that role assigned to the applicant is akin to that of co-accused Amit Kumar Mishra @ Allu, who has already been granted anticipatory bail by this Court vide order dated 25.11.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 No. 1805 of 2025. 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. Versus Counsel for Applicant(s) : Vivek Chandra Counsel for Opposite Party(s) : G.A. Sugreev Prasad Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Civil Sectt. Lko, And Another .....Opposite Party(s) He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Learned AGA as well as Sri Umakant Gupta, learned counsel for the complainant have opposed the bail application. Upon consideration of the general and vague nature of allegations in the prosecution case, the specific role of using a 'spade' being attributed to Ramakant, and the fact that except injury no.1 sustained by Brijesh Mishra, which is an incised wound attributable to the use of the said weapon, the remaining injuries are simple and appear attributable to lathi and danda, and further considering the injuries received by the applicant's side were not disclosed in the FIR, it appears that the prosecution version may not be entirely true and complete. Prima facie, the ingredients of Section 109(1) BNS also seem to be lacking. In addition, the applicant has no criminal antecedents. In view of the undertaking furnished on behalf of the applicant to cooperate with the investigation, this Court is of the opinion that he is entitled to anticipatory bail in light of the judgment of the Hon'ble Supreme Court in Sushila Aggarwal and others v. State (NCT of Delhi) and another, (2020) 5 SCC 1, subject to his 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. The application is allowed. December 3, 2025 Vinay/- NABAIL No. 1875 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench