Neutral Citation No. - 2025:AHC:68389 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3151 of 2025 Applicant :- Praveen Upadhyay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amarnath Tripathi,Vishalakshi Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 06 of 2025, under Sections 115(2), 352, 351(2), 333, 109, 191(2), 191(3), 190 of B.N.S., Police Station- Kandwa, District- Chandauli. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. As per the allegations in the first information report, four named accused and four to five unknown persons are alleged to have assaulted the informant and three others. The name of the applicant was disclosed by the co-accused, Avinash Singh in Police custody. The said statement, insofar as, it implicates the applicant is unreliable. Specific role of firing has been assigned to the co-accused, Kinshu Singh and Avinash Singh. As per the medical report available in the case diary, two persons, namely, Vishal Singh and Prashant Singh, received injuries. No medical report with regard to the injuries sustained by other injured is available in the case diary. The injuries sustained by Vishal Singh and Prashant Singh were on non-vital part of the body and were simple in nature. No fire army injury was found on the body of the injured persons. 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. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report, the fact that the name of the applicant was disclosed by the co-accused, Avinash Singh in Police custody, the fact that specific role of firing has been assigned to the co-accused, Kinshu Singh and Avinash Singh, the fact that the injuries sustained by Vishal Singh and Prashant Singh were on non-vital part of the body and were simple in nature, the fact that no medical report with regard to the injuries sustained by other injured is available in the case diary, the fact that no fire army injury was found on the body of the injured persons, 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. 6. In the event of arrest, the applicant Praveen Upadhyay, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 1.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad