Neutral Citation No. - 2025:AHC:115685 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5239 of 2025 Applicant :- Ankit Opposite Party :- State of U.P. and Another Counsel for Applicant :- Zaid Arshad Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri V. P. Tripathi, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 45 of 2024, under Section 308 I.P.C., Police Station Chilkana, District- Saharanpur, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. During the course of investigation, the applicant was granted bail by the Judicial Magistrate-II, Saharanpur under Sections 323, 504, 506, 427 I.P.C. vide order dated 13.03.2024. After investigation Section 308 I.P.C. has been added. As per the medical report, the informant/injured sustained two injuries. Injury no.1 was found simple in nature. Injury no.2 was fracture of lower part of ulna bone. It is contended that injury no.2 was although grievous in nature but not dangerous to life. The case of the applicant would not travel beyond Section 325 I.P.C. Identically placed co-accused Vinod Kumar @ Bona, Jogendra and Jasbir have been granted anticipatory bail by this Court vide order dated 11.4.2025 passed in Criminal Misc. Anticipatory Bail Application No.2491 of 2025 (Vinod Kumar @ Bona and 2 others vs. State of U.P. and another). The applicant claims parity. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are released on anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that during the course of investigation the applicant was granted bail by the Judicial Magistrate-II, Saharanpur under Sections 323, 504, 506, 427 I.P.C., after investigation Section 308 I.P.C. has been added, as per the medical report, the informant/injured sustained two injuries, injury no.1 was found simple in nature, injury no.2 was fracture of lower part of ulna bone, injury no.2 was although grievous in nature but not dangerous to life, identically placed co- accused Vinod Kumar @ Bona, Jogendra and Jasbir have been granted anticipatory bail by this Court, charge sheet has been filed, the applicant had cooperated in the investigation and 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. 6. In the event of arrest, the applicant Ankit, 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. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 17.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad