Neutral Citation No. - 2025:AHC:93682 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4110 of 2025 Applicant :- Dharmendra And 2 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Abhishek Kumar Yadav,Dhananjay Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Learned Brief Holder for the State on the basis of instructions submits that notice of the instant application has been served upon the informant- opposite party no. 4 and the Child Welfare Committee, Azamgarh- opposite party no. 2 on 21.05.2025. The copies of the receiving endorsements as produced by learned Brief Holder for the State are taken on record. However, no one appears on their behalf nor any counter affidavit has been filed. 2. Heard learned counsel for the applicants and Sri Anupam Anand, learned Brief Holder for the State- opposite party no. 1, and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 88 of 2025, under Sections 74, 296, 352, 3(5), 333, 110, 351(2), 115(2), 117(2) B.N.S. and Section 7/8 POCSO Act, Police Station Mubarakpur, District Azamgarh. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report and as per the statements of the victim under Sections 180 and 183 BNSS, co-accused Prince Sonkar was alleged to have acted indecently with the victim. Further, in the alleged incident five persons received injuries. All the injuries were found simple in nature except injury no. 2 on the shoulder of injured Radhika. The said injury was although grievous in nature but not dangerous to life. A vague and general role has been assigned to the applicants. The role of the applicants is clearly distinguishable from that of co-accused Prince Sonkar. At this stage there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 5. Learned Brief Holder for the State 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 by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that as per the allegations in the first information report and as per the statements of the victim under Sections 180 and 183 BNSS, co- accused Prince Sonkar was alleged to have acted indecently with the victim; all the injuries of the injured persons were found simple in nature except injury no. 2 on the shoulder of injured Radhika; the said injury was although grievous in nature but not dangerous to life; a vague and general role has been assigned to the applicants; and, at this stage there is no substantive evidence to link the applicants with the offence, 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- Dharmendra, Neeraj and Daya Ram 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 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 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 applicants. 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 :- 30.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad