Neutral Citation No. - 2025:AHC:79771 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3793 of 2025 Applicant :- Rahul Opposite Party :- State of U.P. Counsel for Applicant :- Ashish Chitranshi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 402 of 2022, under sections 323, 308, 504, 506 of I.P.C., Police Station- Baradari, District- Bareilly. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, the applicant along with three others are alleged to have assaulted the son of the informant. During the pendency of the proceedings, the co-accused, Deepak was declared juvenile. The Children Court, Bareilly commenced the trial proceedings and the informant was examined as P.W.1 and the injured was examined ad P.W. 2. Both the prosecution witnesses, P.W. 1 and P.W. 2, did not support the prosecution version. Consequently, the co-accused, Deepak (juvenile) was acquitted by the Court vide order dated 28.02.2025. It is contended that in view of the statement of the informant and the injured before the Children Court, at this stage, there is no credible evidence to link the applicant with the offence. 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. 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 learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that both the prosecution witnesses, P.W. 1 and P.W. 2, did not support the prosecution version before the Children Court, the fact that the co-accused, Deepak (juvenile) was acquitted by the Children Court, Bareilly vide order dated 28.02.2025. At this stage, there is no substantive evidence to link the applicant with the offence, charge-sheet has been filed, the applicant had cooperated in the investigation and 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. 6. In the event of arrest, the applicant Rahul, 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. 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 :- 15.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad