Neutral Citation No. - 2025:AHC:116538 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5657 of 2025 Applicant :- Sarvendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinab Mishra,Anupam Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants and Sri V.P.Tripathi, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 33 of 2019, under Sections 307/34, 504 IPC, Police Station Ushait, District Budaun. 3. Counsel for the applicants contends that the applicants have been falsely implicated in the present case. As per the first information report, the co-accused Suresh is alleged to have caused fire arm injury to the brother of the informant namely Vishram. During the course of investigation, the independent witness Ram Swaroop stated that the applicants were not present at the time and place of the alleged incident. Thereafter, final report in favour of the applicants was submitted by the Investigating Officer. The applicants have been summoned under Section 319 Cr.P.C. on the basis of statement of injured Vishram. The co- accused Suresh has been granted bail by this Court vide order dated 31.05.2019 passed in Criminal Misc. Bail Application No. 22951 of 2019. At this stage there is no credible evidence to link the applicants with the offence. Investigation has been completed. Charge sheet has been submitted. The applicants had co-operated in the investigation. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted 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 and antecedents of the applicants, in particular the fact, that as per the first information report, the co-accused Suresh is alleged to have caused fire arm injury to the brother of the informant namely Vishram; during the course of investigation, the independent witness Ram Swaroop stated that the applicants were not present at the time and place of the alleged incident; final report in favour of the applicants was submitted by the Investigating Officer; the co-accused Suresh has been granted bail by this Court; at this stage, there is no substantive evidence to link the applicants with the offence, charge sheet has been submitted, the applicants had co-operated in the investigation, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants Sarvendra and Avnish, 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 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. 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 :- 18.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad