Neutral Citation No. - 2025:AHC:87971 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4079 of 2025 Applicant :- Atul Kumar Rahi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Chandra,Pramod Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Pradeep Kumar Kashyap, Advocate has filed vakalatnama on behalf of opposite party no. 2. The same is taken on record. 2. Heard counsel for the applicant, counsel for the opposite party no. 2, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 0176 of 2025, under Sections 109, 151(2) of B.N.S., Police Station- Amroha Nagar, District- Amroha. 4. Learned 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. The name of the applicant was subsequently disclosed by the injured in his statement under Section 180 B.N.S.S. The said statement insofar as it implicates the applicant is unreliable. Further, as per the medical report, the injured received three injuries. The injury nos. 1 and 2 were referred for x-ray examination whereas the injury no. 3 was simple in nature. As per the x-ray report, the injury no. 1 was a fracture of nasal bone and the injury no. 2 was a fracture of left leg. It is contended that although, the injury nos. 1 and 2 were grievous in nature but not dangerous to life. The nature of injuries shows that there was no intent to murder. At this stage, there is no credible evidence to link the applicant with the offence. The named co- accused, Neeraj has been granted anticipatory bail till submission of Police report vide order dated 12.05.2025 passed in Criminal Misc. Anticipatory Bail Application No. 3682 of 2025 (Neeraj vs. State of U.P. and another). The case of the applicant is on better footing than that of the co-accused, Neeraj. The criminal history of the applicant has been explained in para no. 14 of the affidavit. 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. 5. Learned A.G.A. and counsel for the opposite party no. 2 have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and the fact that the applicant was not named in the first information report; the fact that as per the medical report, the injured received three injuries, the injury no. 3 was found simple in nature, as per the x-ray report, the injury no. 1 was a fracture of nasal bone and the injury no. 2 was a fracture of left leg, at this stage, there is no substantive evidence to link the applicant with the offence, further, the named co-accused, Neeraj has been granted anticipatory bail till submission of Police report, 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. 8. In the event of arrest, the applicant- Atul Kumar Rahi 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 Police Commissioner concerned. 9. 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. 10. 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. 11. 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. 12. The application stands disposed of. Order Date :- 23.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad