HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1907 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No.81/2025, U/S- 109, 352, 351(3) BNS, Police Station-Nawabganj, District- Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State. The brief facts of the prosecution case are that on 20.03.2025 at about 8:00 p.m., when the complainant’s brother, Rajesh Yadav, was sitting at the complainant’s cloth shop located at Katra cross-section, the accused/applicants along with other co-accused persons named in the FIR allegedly arrived and demanded that certain clothes be returned. Rajesh Yadav informed them that the said clothes did not belong to their shop but to the adjacent shop. Upon his refusal to return the clothes, the accused persons purportedly hurled abuses and, with the intention to kill him, assaulted him using lathis, sticks, and a sharp-edged weapon (ballam). It is further alleged that when the complainant’s nephew, Rinku Yadav, intervened to save Rajesh Yadav, the accused persons also assaulted him, causing him injuries. Submission of learned counsel for the applicant is that although six persons have been alleged to have assaulted Rajesh Yadav and Rinku Yadav, the injuries sustained by Rinku Yadav are simple in nature and the complainant, Pawan Yadav, has not undergone any medical examination. It is further submitted that charge sheet has already been filed against the applicant and Versus Counsel for Applicant(s) : Prashant Dubey, Vivek Kumar Verma Counsel for Opposite Party(s) : G.A. Rajesh Yadav .....Applicant(s) State Ko U.P. Thru. Its Addl. Chief Secy. Home Deptt. Lko. And Another .....Opposite Party(s) no offence under Section 109 BNS is made out against him. Learned A.G.A. has opposed the anticipatory bail application. Upon perusal of the record, including the injury reports and the statements of the injured witnesses, and considering the submission of learned A.G.A. that no abnormality has been detected in the X-ray, prima facie it appears that the injuries sustained are simple in nature. Further, the charge sheet has already been submitted. Considering the aforesaid facts and circumstances, including the absence of any criminal antecedents of the applicant and the undertaking given on his behalf to cooperate in the trial, this Court is of the considered view that the applicant is entitled to the benefit of anticipatory bail, in view of the principles laid down by the Hon’ble Supreme Court in Musheer Alam v. State of U.P., 2025 SCC OnLine SC 116, subject to his continued cooperation in the trial. In view of the above, the accused-applicant is directed to surrender before the trial court within a period of twenty days from today. Upon his surrender, the trial court shall release him on anticipatory bail, subject to his furnishing a personal bond and two sureties each of the same amount, to the satisfaction of the trial court, with the following conditions:- (i) The applicant shall refrain from directly or indirectly inducing, threatening, or promising any person familiar with the facts of the case in a manner that may dissuade them from revealing such facts before the Court or result in tampering with the evidence; (ii) The applicant shall not travel outside India without prior permission from the Court; (iii) The applicant shall not attempt to influence or intimidate any prosecution witness; (iv) The applicant shall remain present before the trial court on all scheduled dates unless specifically exempted from personal appearance; (v) In the event of any violation of the aforementioned conditions, the trial court shall be at liberty to cancel the bail granted to the applicant; Any other reasonable restrictions/conditions which the trial court may deem fit and proper can be imposed. NABAIL No. 1907 of 2025 2 It is made clear that the observations made in granting bail to the applicant shall not in any way affect the trial Judge in forming his independent opinion based on the testimony of the witnesses. In view of the aforesaid, the application is allowed. December 4, 2025 R.C. NABAIL No. 1907 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench