HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1978 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 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 the co-accused Amit Kumar Mishra @ Allu and Sugreev Prasad Mishra, have already been granted anticipatory bail by this Court vide order dated 25.11.2025 and 03.12.2025 Versus Counsel for Applicant(s) : Vivek Chandra Counsel for Opposite Party(s) : G.A. Dileep Mishra .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) passed in Criminal Misc. Anticipatory Bail Application U/S 482 Nos. 1805 of 2025 and 1875 of 2025, respectively. It is submitted that applicant has explained the criminal history of three cases in para 26 of the bail application. Out of these three cases, one case i.e. Case Crime No. 344 of 2020 under Section 8/20 NDPS Act, quantity of the substance was below commercial. 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. He shall fully cooperate with the investigation and shall not misuse the liberty granted to him. Learned AGA opposed the bail application but could not dispute the fact that co-accused persons have already granted anticipatory bail by this Court. 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 explained the criminal of three cases and co-accused named above have been granted anticipatory bail. 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 NABAIL No. 1978 of 2025 2 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 11, 2025 Vinay/- NABAIL No. 1978 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench