Neutral Citation No. - 2025:AHC:139781 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4241 of 2025 Applicant :- Smt. Babita And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Upendra Kumar Pushkar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard learned counsel for the applicants as well as Sri P.K. Tripathi, learned AGA for the State, and perused the material placed on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 98 of 2025, under Sections 191(2), 191(3), 190, 333, 125, 115(2), 352, 351(3), 109(1) B.N.S., Police Station Gangiri, District Aligarh. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, eleven persons including the applicants are alleged to have assaulted the informant and others. Specific role of firing has been assigned to co-accused Upendra Kumar. In the alleged incident, four persons received injuries. The injuries sustained by them were found simple in nature. No firearm injury was found on the body of any of the injured. The nature of injuries sustained by all the injured shows that there was no intent to murder. At this stage, there is no credible evidence to link the applicants with the offence. Co-accused Upendra Kumar, Sanjay and Chandra Prabha have been granted anticipatory bail till the submission of police report by this Court vide orders dated 09.05.2025 and 23.06.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS Nos. 3632 of 2025, Upendra Kumar v. State of U.P. and another, and 4243 of 2025, Sanjay and another v. State of U.P. and another. The criminal history of the applicants has been explained in paragraph-3 of the supplementary affidavit. It is next submitted that the investigation is pending and the applicants have apprehension of their arrest in the above mentioned case. 5. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicants 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, considering the nature of accusations and antecedents of the applicants, in particular the fact, that specific role of firing has been assigned to the co-accused Upendra Kumar; in the alleged incident the injuries sustained by all the injured were found simple in nature; no firearm injury was found on the body of any of the injured; at this stage, there is no substantive evidence to link the applicants with the offence; and, co-accused Upendra Kumar, Sanjay and Chandra Prabha have been granted anticipatory bail till the submission of police report by this Court, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicants- Smt. Babita and Smt. Malti Devi be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants 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 him from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. 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 applicants. 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 applicants are 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 :- 14.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad