Neutral Citation No. - 2025:AHC:111965 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4693 of 2025 Applicant :- Vishram Alias Bishram And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Counsel for Opposite Party :- G.A.,Ravindra Kumar Dwivedi Hon'ble Vivek Varma,J. 1. Despite time granted, no counter affidavit has been filed by the opposite parties. 2. Heard counsel for the applicants, learned A.G.A. for the State, Sri Ravindra Kumar Dwivedi, counsel for the opposite party no. 2 and perused the record. 3. The applicants were granted interim anticipatory bail vide order dated 23.06.2025 by the co-ordinate Bench of this Court. The order is quoted herein below;- "Heard learned counsel for the applicant and learned AGA for the State. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicants, namely, Vishram @ Bishram and Surveer Singh @ Sukhveer, in Case Crime No.- 78 of 2025, under Sections- 191(2),191(3),115 (2),109(1) B.N.S., Police Station- Sakeet, District-Etah. Shri Ravindra Kumar Dwivedi, learned counsel for the opposite party no.2 prays for and is granted two weeks' time to file counter affidavit. Put up this case on 14.7.2025 as a fresh case before appropriate Court. Till then, in the event of arrest, the applicants shall be released on interim anticipatory bail 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 Court with the following conditions:- (i) The applicants shall make themself available for interrogation by the 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 he has passport, the same shall be deposited by him before the S.S.P./S.P./C.P./A.C.P concerned. In default of any of the conditions, the Investigating Officer/Govt. Advocate/concerned court is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. The Investigating Officer is directed to conclude the investigation, if pending, of the present case in accordance with law, expeditiously, independently without being prejudiced by any observations made by this Court while considering and deciding the present anticipatory bail application of the applicant. The applicants are directed to produce a certified copy of this order of this Court before the S.S.P./S.P./C.P./A.C.P concerned within ten days from today, if investigation is in progress who shall ensure the compliance of present order." 4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, the applicants along with three named accused are alleged to have assaulted the informant and fired at him. As per the medical report, the injured received six injuries. The injury nos. 1 and 3 were referred for x-ray examination. As per the report of the radiologist, no abnormality was seen. Further, in the statement of the injured, specific role of firing has been assigned to the co-accused Ajay @ Bhole. The case of the applicants are clearly distinguishable from the of the co-accused, Ajay @ Bhole. The applicants have no criminal antecedents. The applicants have joined the investigation. The investigation is still pending. In case, the applicants are granted anticipatory bail till trial, they will not misuse the said liberty. 5. Learned A.G.A. and counsel for the opposite party no. 2 have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that as per the medical report, the injured received six injuries, the injury nos. 1 and 3 were referred for x-ray examination, as per the report of the radiologist, no abnormality was seen, the fact that in the statement of the injured, specific role of firing has been assigned to the co-accused Ajay @ Bhole, further, no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by the learned A.G.A., 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 Vishram @ Bishram and Surveer Singh @ Sukhveer, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicants shall surrender their passport, if any, to the concerned Court forthwith. Their passports will remain in custody of the concerned Court. (v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. 8. 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 :- 14.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad