Neutral Citation No. - 2025:AHC:123063 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1826 of 2025 Applicant :- Shiva Sen And Another Opposite Party :- State of U.P. Counsel for Applicant :- Abhinava Krishna Srivastava,Arun Kumar Yadav Counsel for Opposite Party :- Dharmendra Kumar Dwivedi,G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, Sri Dharmendra Kumar Dwivedi, counsel for the informant and Sri V.P. Tripathi, learned A.G.A. for the State. Perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 491 of 2024, under Sections 109, 191(2), 191(3), 115(2), 352, 351(2), 324(4) B.N.S., Police Station -Prem Nagar, District -Jhansi. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, twelve named accused including the applicants and twenty unknown persons are alleged to have assaulted the informant- Shivam Rai, his father-Bharat Rai, his uncle Milan and his cousin- Shivam. As per the case diary the medical reports of Shivam Rai and Bharat Rai are available. As per the medical report of Bharat Rai, he received seven injuries. Injury nos.1, 3, 4, 5 and 6 were referred for x-ray examination. As per the supplementary medical report, injury no.1 on the head is found grievous in nature, whereas other injuries were found simple in nature. The other injured Shivam Rai received two injuries. The said injuries were simple in nature. A vague and general role has been assigned to the applicants. The applicants have not been nominated as the principal offender who caused injuries to the two injured. At this stage, there is no credible evidence to link the applicants with the offence. After investigation, final report in favour of the applicants was recommended by the Investigating Officer. Thereafter, by order of the Deputy Inspector General of Police, Jhansi Region, Jhansi dated 13.03.2025 the investigation has been transferred to another Investigating Officer of District Jalaun. Investigation is pending. Identically placed co-accused Rakesh Rai and Sahil Thakur @ Sahil Parihar have been granted anticipatory bail till submission of police report by order dated 25.7.2025 passed in Criminal Misc. Anticipatory Bail Application N.5336 of 2025. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case the applicants are granted anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicants 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, considering the nature of accusations, antecedents of the applicants and the fact that a vague and general role has been assigned to the applicants; the applicants have not been nominated as the principal offender who caused injuries to the two injured; at this stage, there is no substantive evidence to link the applicants with the offence; without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants- Shiva Sen and Vivek Yadav 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 applicants shall make themselves available for interrogation by a police officer as and when required; (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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them, 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 applicants. 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 applicants. 10. The applicants are 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 :- 25.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad