Neutral Citation No. - 2025:AHC:140140 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3377 of 2025 Applicant :- Praveen Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- Aftab Khan,G.A.,Manoj Kumar Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Rajshekhar Srivastava, learned A.G.A. for the State- opposite party, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 87 of 2025, under Sections 3(5), 333, 109, 110, 115(2), 352, 351(2), 324(4) B.N.S., Police Station Bilariyaganj, District Azamgarh. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with nine named accused and three unknown persons is alleged to have assaulted five persons namely Jai Prakash Mishra, Smt. Reeta Mishra, Kishan (Jai Shreesh), Shivam Mishra and Smt. Laxmi Mishra. As per the medical report of the five injured, Smt. Reeta Mishra received four injuries. All the injuries were kept under observation and were referred for examination. Jai Shreesh @ Kishan received five injuries. Injury nos. 1 and 5 were simple in nature, whereas injury nos. 2, 3 and 4 were referred for X-ray examination. Jai Prakash Mishra received four injuries. Injury Nos. 1 and 3 were referred for X-ray examination, whereas injury nos. 2 and 4 were simple in nature. Shivam Mishra received five injuries. Injury nos. 1 to 4 were simple in nature and injury no. 5 was referred for X-ray examination. Laxmi Mishra received three injuries, out of which injury nos. 2 and 3 were simple in nature and injury no. 1 was referred for X-ray examination. As per the X-ray report of Jai Shreesh @ Kishan injury no. 4 was fracture of right forearm. As per X-ray report of Laxmi Mishra and Reeta Mishra, no abnormality was seen. Vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused grievous injury no. 4 to Jai Shreesh @ Kshan. It is next contended that in the CCTV footage, no overact was assigned. Further, co-accused Deep Narayan and Akash @ Akash Mishra have been granted interim protection by this Court vide orders 02.05.2025 and 10.04.2025 passed in Criminal Misc. Writ Petition Nos. 8038 of 2025 (Deep Narayan @ Deepnarayan Chandrika Mishra v. State of U.P. and others) and 6799 of 2025 (Akash @ Akash Mishra and another v. State of U.P. and others). At this stage there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in Paragraph- 3 of the supplementary affidavit. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned 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, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that a vague and general role has been assigned to the applicant; the applicant has not been nominated as the principal offender who caused grievous injury no. 4 to Jai Shreesh @ Kshan; in the CCTV footage, no overact was assigned; co-accused Deep Narayan and Akash @ Akash Mishra have been granted interim protection by this Court; and, at this stage there is no substantive evidence to link the applicant with the offence, 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- Praveen 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 :- 14.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad