Neutral Citation No. - 2025:AHC:105862 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4132 of 2025 Applicant :- Rahul Awasthi Opposite Party :- State of U.P. Counsel for Applicant :- Deepankar Shukla,Mukesh Kumar Pandey,Pratik Chandra,Rakesh Yadav Counsel for Opposite Party :- Anand Pati Tiwari,G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant as well as Sri Anupam Anand, learned brief holder for the State and Sri Anand Pati Tiwari, counsel for the informant. Perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.263 of 2025, under sections 115(2), 352, 351(2), 109, 308(5), 117(2) B.N.S., P.S. Auraiya, District Auraiya. 3. Counsel for the applicant submits that the incident is alleged to have occurred on 25.3.2025 at 10 p.m. and the first information report was lodged on 27.3.2025. Prior to lodging of the first information report the informant was examined at District Community Health Centre, Oraia on 26.3.2025 at 2.10 p.m. The medical report records that the injured Abhishek Kumar Chaturvei was brought by a Home Guard (HG 307 Shiv Poojan). Further, placing reliance on the OPD register of District Community Health Centre it is contended that the informant/injured was examined on 25.3.2025 at 10.10 p.m. and the cause of injury was shown to be road traffic accident. In such circumstances it is contended that the whole prosecution story is false and concocted. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. for the State and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the fact that prior to lodging of the first information report the informant was examined at District Community Health Centre, Oraia on 26.3.2025 at 2.10 p.m., the medical report records that the injured Abhishek Kumar Chaturvei was brought by a Home Guard (HG 307 Shiv Poojan), the OPD register of District Community Health Centre shows that the informant/injured was examined on 25.3.2025 at 10.10 p.m. and the cause of injury was shown to be road traffic accident, there is no clarity with regard to the exact role of the applicant, 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. 7. In the event of arrest, the applicant Rahul Awasthi 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 S.S.P./S.P. concerned. 8. 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. 9. 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. 10. 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. 11. The application stands disposed of. Order Date :- 7.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad