Neutral Citation No. - 2025:AHC:122298 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3955 of 2025 Applicant :- Mithun Kumar Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Srivastava,Shailja Kant Dubey Counsel for Opposite Party :- Alka Upadhyay, Manish Tiwari,G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant, Ms. Nandini Kumari, Advocate holding brief of Ms. Alka Upadhyay, counsel for the informant and Sri V.P.Tripathi, learned AGA for the State and perused the material on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 228 of 2024, under Sections 109, 115(2), 131 BNS, Police Station Purqazi, District Muzaffar Nagar. 4. Counsel for the applicant contends that the the applicant has been falsely implicated in the present case. As per the first information report, the role of causing fire arm injury has been assigned to the co-accused Abhishek. As per the medical report, the injured received injury on his right thigh. It is contended that although the said injury was grievous in nature but not dangerous to life. The case of the applicant is clearly distinguishable from that of co-accused Abhishek. Further, the applicant was granted protection till cognizance is taken on submission of the police report, by this Court vide order dated 26.11.2024 passed in Criminal Misc. Writ Petition No. 20758 of 2024 (Mithun Kumar and another Vs. State of U.P. and 3 others). Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. Criminal history of the applicant has been explained in para 10 of the affidavit. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, he will not misuse the said liberty. 5. Learned A.G.A. and the counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the role of causing fire arm injury to the injured has been assigned to the co-accused Abhishek; as per the medical report, the injured received injury on his right thigh; although, the said injury was grievous in nature but not dangerous to life; the case of the applicant is clearly distinguishable from that of co-accused Abhishek; the applicant was granted protection by this Court till cognizance is taken on submission of police report; charge sheet has been submitted, the applicant had co-operated in the investigation, 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. 7. In the event of arrest, the applicant Mithun Kumar, 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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 24.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad