Neutral Citation No. - 2025:AHC:136564 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4380 of 2025 Applicant :- Mahesh Ram Alias Mahesh Paswan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Kumar Counsel for Opposite Party :- G.A.,Vikas Pal,Vinod Kumar Maurya Hon'ble Vivek Varma,J. 1. Case called out. Learned counsel for the complainant is not present. Earlier on 07.08.2025 also the matter was adjourned on the absence of counsel for the complainant. 2. Heard learned counsel for the applicants and Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Complaint Case No. 60 of 2023, under Sections 147, 148, 307, 323, 435, 504, 506, 452, 429 I.P.C., Police Station Bansdeeh Road, District Ballia. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. On 26.12.2022 with regard to the same incident, the complainant had lodged a first information report registered as Case Crime No. 256 of 2022, under Sections 323, 504, 506 I.P.C., Police Station Bansdeeh Road, District Ballia. In the said case after investigation charge- sheet has been filed against the applicants under Sections 323, 504, 506 I.P.C. In order to further harass the applicants, the instant complaint case has been instituted. In the alleged incident the injuries sustained by the injured persons are on non-vital part of the body. It is next contended that the nature of the injuries shows that there was no intent to murder. Further, there are inconsistencies in the first information report and in the complaint version. The applicants have been summoned by the court concerned. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. 5. Learned A.G.A. 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 applicants and, in particular, the fact that on 26.12.2022 with regard to the same incident the complainant had lodged a first information report and in the said case after investigation charge-sheet has been filed against the applicants under Sections 323, 504, 506 I.P.C.; further, in the alleged incident the injuries sustained by the injured persons are on non-vital part of the body; nature of the injuries shows that there was no intent to murder, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants- Mahesh Ram @ Mahesh Paswan and Amit Paswan, 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 applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (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; (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 concerned court. 8. Further, 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 :- 12.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad