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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3871 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant; counsel for the informant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State. Perused the material available on record. 2. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 252 of 2022, under Sections 323, 504, 506, 307 I.P.C., Police Station -Jansa, District -Varanasi. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. A vague and general role has been assigned to the applicant. The applicant has no criminal antecedents. Investigation is pending. The applicant has apprehension of his arrest in the above mentioned case and in case he is granted anticipatory bail, he will not misuse the said liberty. 4. On the other hand, learned A.G.A. for the State and counsel for the informant have opposed the prayer for anticipatory bail. Counsel for the informant submitted that the anticipatory bail application of identically placed co-accused Jitendra Singh has been rejected by this Court vide order dated 20.8.2024 passed in Criminal Misc. Anticipatory Bail Application No.5257 of 2024. 5. Learned A.G.A. submitted that as per the first information report the applicant along with three named accused is alleged to have caused grievous injuries to the informant. As per the injury report of the informant Akhilesh Kumar Gupta, he received seven injuries. The medical report reveals that Versus Counsel for Applicant(s) : Ankit Kapoor Counsel for Opposite Party(s) : Dinesh Pratap Singh, G.A. Jaiprakash .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
injury nos.1, 3, 4, 5, 6 and 7 were simple in nature and injury no.2 was referred for x-ray examination. However, pursuant to the application dated 12.3.2024 submitted by the Investigating Officer, the C.M.O. constituted a medical board. As per the report of medical board dated 09.10.2023, annexed as SA-2 to the supplementary affidavit, the injury no.4 was Visceral Perforation. He submits that the said injury was grievous in nature and life threatening. 6. After having heard learned counsel for the parties and having perused the record, this Court prima facie finds that as per the first information report the applicant along with three named accused is alleged to have assaulted the informant.
According to the medical report of the injured Akhilesh Kumar Gupta, he received seven injuries. The medical report records that injury nos.1, 3, 4, 5, 6 and 7 were simple in nature and injury no.2 was referred for x-ray examination. Thereafter, a medical board was constituted. As per the report of medical board dated 09.10.2023, the injury no.4 was Visceral Perforation. The said injury was grievous in nature and dangerous to life. 7. The offence is grave. There is likelihood that the applicant has committed the offence. 8. In my opinion, this is not an appropriate case for grant of anticipatory bail. Hence, this application is hereby rejected, leaving it open to the applicant to apply for regular bail before the concerned court, which application when filed, may be considered on its own merits, without being prejudiced by any observation made in this order. September 18, 2025 Manish Kr NABAIL No. 3871 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad