Neutral Citation No. - 2025:AHC:110609 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2856 of 2025 Applicant :- Bhusi Nishad Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dharmendra Kumar Dwivedi Counsel for Opposite Party :- Anzar Haroon,G.A.,Zohaib Ahmad Hon'ble Vivek Varma,J. 1. Case called out in revised list. Counsels for the informant are not present. 2. Sri V.P. Tripathi, learned A.G.A. submits that the notice of the present application has been served upon the informant on 20.4.2025 and Child Welfare Committee on 21.4.2025. 3. Heard counsel for the applicant, learned AGA for the State and perused the material on record. 4. This application has been filed seeking anticipatory bail in Case Crime No. 287 of 2021, under Sections 323, 504, 506, 354A I.P.C. and Section 11/12 of POCSO Act, Police Station -Sikara, District- Jaunpur, during the pendency of trial. 5. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report the co- accused Vikas Nishad is alleged to have acted indecently with the informant. The applicant along with co-accused Vikas Nishad and his two friends are alleged to have assaulted the informant and his brother. In the statement of the informant under Section 164 Cr.P.C., there is no allegation against the applicant. As per the medical report of the two injured, the injuries received by them were simple in nature. Further, in the alleged incident the applicant has also received injuries. The applicant has also lodged a first information report against the brothers of the informant. The aggressor is still to be ascertained. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. 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 first information report the co-accused Vikas Nishad is alleged to have acted indecently with the informant; the applicant along with co-accused Vikas Nishad and his two friends are alleged to have assaulted the informant and his brother; in the statement of the informant under Section 164 Cr.P.C., there is no allegation against the applicant; as per the medical report of the two injured, the injuries received by them were simple in nature; in the alleged incident the applicant has also received injuries; the aggressor is still to be ascertained; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court; no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 8. In the event of arrest, the applicant Bhusi Nishad, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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 applicant shall make himself available on each date fixed in the matter by the court concerned; (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; (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 concerned court. 9. 9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. Order Date :- 10.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad