HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8178 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Aniket Kumar, Advocate holding brief of Shri Keshari Nath Tripathi, learned counsel for the applicants, Shri Ashish Kumar Tripathi, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no.90 of 2024, under Sections 147, 452, 323, 504, 506, 308, 427, 341 of IPC, Police Station Bhagatpur, District Moradabad, with the prayer that in the event of arrest, applicants may be released on bail. 3. It is contended by learned counsel for the applicants that the present prosecution is an abuse of the process of the Court as it has been launched as a counterblast to the case lodged by the applicants against opposite party no.2. It is further submitted that there is no medical report is available on the record. It is further submitted that there are general and omnibus allegations against the applicants. It is further submitted that co-accused Farman, Gulfam and Shamshad have already been granted anticipatory bail by Co- ordinate Bench of this Court vide order dated 18.09.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.7653 of 2025. It is further submitted that the applicants are having no criminal history. It was also submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. Versus Counsel for Applicant(s) : Keshari Nath Tripathi Counsel for Opposite Party(s) : G.A. Shahrukh And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail. 5. As per first information report, the applicants along with other co-accused persons are said to have assaulted the first informant side, as a result of which, the first informant side have received injuries. There is no medical report available on the record. It is further submitted that co-accused Farman, Gulfam and Shamshad have already been granted anticipatory bail by Co-ordinate Bench of this Court vide order dated 18.09.2025 passed in Criminal Misc. Anticipatory Bail Application U/s 482 BNSS No.7653 of 2025. It is further submitted that the applicants are having no criminal history. 6. 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. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Shahrukh and Sultana involved in the aforesaid case crime shall be released on anticipatory bail on their furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned; (ii) The applicants 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 him/her/them from disclosing such facts to the Court or to any NABAIL No. 8178 of 2025 2 police officer; (iii) The applicants would co-operate during trial and would not misuse the liberty of bail. (iv) The applicantS shall not leave India without prior permission of the Court concerned. 10. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. October 14, 2025 RKM NABAIL No. 8178 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad