Neutral Citation No. - 2025:AHC:82731 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 2817 of 2025 Applicant :- Sanjay Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Tripathi Counsel for Opposite Party :- Avesh Mishra, Braj Gopal,G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicants, Sri Avesh Mishra, counsel for the informant and Sri V.P. Tripathi, learned A.G.A. for the State- opposite party, and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.0014 of 2025, under Sections -109, 115(2), 352, 351(2) B.N.S., Police Station -Rehar, District-Bijnor. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report, the applicants and an unknown person are alleged to have assaulted the informant. As per medical report, the informant received seven injuries. Injury nos.1, 2, 3 and 4 were kept under observation and were referred for x-ray examination. Rest of the injuries were simple in nature. As per x-ray examination, all injuries were found simple in nature, except injury no.2. As per medical report, a fracture was found on the right forearm. It is contended that injury no.2 was although grievous in nature but not dangerous to life. The nature of injury shows that there was no intent to murder. It is next contended that applicant no.2 also received injuries in the alleged incident. Medical report of applicant no.2 is annexed as Annexure No.3 to the bail application. Criminal history of the applicants has been explained in para nos.3 and 4 of the supplementary affidavit. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 5. 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. 6. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, and the fact that as per medical report and supplementary report of the informant, all injuries were found simple in nature except injury no.2 which was a fracture on the right forearm; the said injury was although grievous in nature but not dangerous to life, 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. 8. In the event of arrest, the applicants- Sanjay Sharma and Abhishek @ Lavi 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. 9. 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. 10. 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. 11. 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. 12. The application stands disposed of. Order Date :- 17.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad