HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 7878 of 2022 Court No. - 51 HON'BLE RAJ BEER SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. None has appeared on behalf of the opposite party no.3 / informant, despite taking the case in revised list. 2. The present application has been moved seeking anticipatory bail in Case Crime No. 238 of 2021, under Sections - 323, 352, 308 I.P.C., Police Station - Bharthana, District -Etawah, with the prayer that in the event of arrest, applicant may be released on bail. 3.It is submitted by learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above- mentioned case, whereas there is no credible evidence against him. The applicant has no criminal antecedents. Initially a non-cognizable report was lodged under Section - 323, 352 I.P.C. and applicant was not named therein. Later, first information report of this case was lodged on 20.07.2021, under Sections - 323, 352, 308 I.P.C. and applicant was not named. The involvement of applicant was shown during investigation on the basis of statement of informant. Applicant is a juvenile. It was submitted that in view of the law laid down in case of Mohammad Zaid Vs. State of U.P. and Others; 2023 SCC OnLine All 230, an application for anticipatory bail on behalf of applicant is maintainable. In injury Versus Counsel for Applicant(s) : Pankaj Kumar Mishra, Satyendra Narayan Singh Counsel for Opposite Party(s) : G.A., Mukesh Kumar Raja Babu .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) report, two injuries have been shown on body of injured. The applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the Police or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate in investigation and trial and would obey all conditions of anticipatory bail. 4. Learned A.G.A. has opposed the application for anticipatory bail and submitted that there is evidence that applicant was involved in the incident. 5. 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, 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. 6. 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. 7. The instant anticipatory bail application is allowed. 8. In the event of arrest of the applicant - Raja Babu, involved in the aforesaid case crime 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 Station House Officer of the police station concerned/court concerned with the following conditions :- (i) The applicant shall co-operate during investigation and trial. ABAIL No. 7878 of 2022 2 (ii) The applicant shall not pressurize / intimidate the prosecution witness. (iii) The applicant shall appear before the trial court on the date fixed, unless personal presence is exempted. (iv) The applicant shall not commit an offence similar to the offence of which he is accused, or suspected, of the commission of which he is suspected. (v) 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 them from disclosing such facts to the Court or to any police officer or tamper with the evidence. 9. In case of breach of any of the above condition, the Court concerned shall be at liberty to cancel bail of applicant in accordance with law. October 15, 2025 S Rawat ABAIL No. 7878 of 2022 3 (Raj Beer Singh,J.) Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad