HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1787 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. The present anticipatory bail application has been filed by the applicants Nandan Singh and Chandan Singh seeking anticipatory bail in Case Crime No.0378 of 2025 under Section 3(5), 109(1), 115(2), 352, 351(3), 333 BNS, Police Station Dariyabad, District Barabanki. Vakalatnama filed by Shri Mahendra Pratap Singh, Advocate, on behalf of the complainant is taken on record. Heard learned counsel for the applicants, learne counsel for the complainant and learned A.G.A. for the State. In the prosecution case, it is alleged that due to an old rivalry, the accused persons beat the nephew of the complainant on 20.10.2025. It is further alleged that on 21.10.2025 at about 10:50 a.m., fifteen named persons came to the door of the complainant and assaulted the complainant’s father with an iron rod. It is also alleged that the complainant’s wife, Pooja, and his nephew, Sumit, have sustained grievous injuries. Learned counsel for the applicants submits that cross FIRs have been lodged by both sides and no case under Section 109 BNS is made out. There are three injured persons in the present case. Versus Counsel for Applicant(s) : Shailendra Kumar Tiwari Counsel for Opposite Party(s) : G.A. Nandan Singh And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) Except for Pooja, the injured have received simple injuries. Applicant No. 2 has also sustained grievous injury on the right side of the parietal bone, and the fracture shown in the CT scan is on record. Learned counsel for the applicants further submits that if the accused is granted anticipatory bail, they undertake to comply with all conditions imposed by the Court. They 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 and submitted that the injured Pooja has sustained a fracture in the parietal region. Considering the general nature of the allegations made in the FIR, it appears that the true and correct version of the incident has not been narrated while registering the FIR; fifteen co-accused persons, who prima facie appear to belong to the same family, have been named; the injury sustained by the injured Chandan Singh has also not been explained in the prosecution case; prima facie, the ingredients necessary to attract Section 109 BNS appear to be missing; coupled with the fact that the applicant has no criminal antecedents and the investigation is still ongoing, 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 applicants deserve 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 applicants shall be released on anticipatory bail in the aforesaid Case Crime number on their 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 applicants shall report to the investigating officer within twenty NABAIL No. 1787 of 2025 2 days from today. They shall cooperate in the investigation and they 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 applicants shall not leave India without previous permission of the Court. The application is allowed. November 25, 2025 Madhu D.R/P.S NABAIL No. 1787 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench