Neutral Citation No. - 2025:AHC:86701 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1760 of 2025 Applicant :- Vikas Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Yadav Counsel for Opposite Party :- Akshay Kumar Shukla,G.A.,Ravindra Pal Singh Kashyap Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 352 of 2024, under Sections 191(2), 193(3), 109, 115(2), 74, 76, 351(3) of B.N.S., Police Station- Bhamora, Orai, District- Bareilly. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the allegations in the first information report, the applicant along with seven named accused and two to three unknown persons are alleged to have assaulted the father of the informant Sanjay Gupta, his sisters and acted indecently with his sisters also. No medical report with regard to the sisters of the informant are available in the case diary. As per the medical report of Sanjay Gupta, he received ten injuries. The injury nos. 1 and 6 were referred for x-ray examination. As per the supplementary medical report, fracture on the skull region and fracture of second and third metacarpal bone of right hand was found. In the statement of the Sanjay Gupta, a vague and general role has been assigned to the applicant. In the statement of the younger sister of the informant, specific role of causing injury on the head of Sanjay Gupta has been assigned to the co-accused Anshu, and co- accused Devansh was alleged to have acted indecently with her. In the statement of the elder sister, a vague and general role has been assigned to the applicant. Co-accused, Devansh and co-accused, Krishna were alleged to have acted indecently with her. The case of the applicant is clearly distinguishable from that of co-accused Ansul, co-accused Devansh and co-accused Krishna. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that as per the medical report of Sanjay Gupta, he received ten injuries; the injury nos. 1 and 6 were referred for x-ray examination; as per the supplementary medical report, fracture on the skull region and fracture of second and third metacarpal bone of right hand was found, the fact that in the statement of the Sanjay Gupta, a vague and general role has been assigned to the applicant, the fact that in the statement of the younger sister of the informant, specific role of causing injury on the head of Sanjay Gupta was assigned to the co-accused Anshu, co-accused Devansh was alleged to have acted indecently with her, the fact that in the statement of the elder sister, a vague and general role has been assigned to the applicant, co-accused Devansh and co-accused Krishna were alleged to have acted indecently with her, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Vikas Gupta be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on 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 with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (ii) 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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 22.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad