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Neutral Citation No. - 2025:AHC:123833 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5573 of 2025 Applicant :- Lokendra And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Pursuant to the order dated 21.07.2025 Sri Heerendra Singh, S.I., Police Station Barhan, District Agra, Investigating Officer, is present along with the case diary. 2. Heard learned counsel for the applicants and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party, and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 311 of 2024, under Sections 191(2), 191(3), 190, 115(2), 351(2), 352, 324(4), 118(1), 109, 117(2) B.N.S., Police Station Barhan, District Agra. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present present case. The incident is alleged to have occurred on 14.12.2024 and the first information report was lodged on 18.12.2024. The delay is fatal to the prosecution case. As per the first information report, 10 named accused including the applicants and 10-15 unknown persons are alleged to have assaulted six persons. As per the case diary, medical report of five persons are available. A vague and general role has been assigned to the applicants. It is next contended that it is a cross case. From the side of the applicants four persons received injuries. The aggressor is still to be ascertained. At this stage there is no clarity with regard to role of the applicants. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and 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. Learned counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7.
Having regard to the submissions made, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that the incident is
alleged to have occurred on 14.12.2024 and the first information report was lodged on 18.12.2024; as per the first information report, 10 named accused including the applicants and 10-15 unknown persons are alleged to have assaulted six persons; a vague and general role has been assigned to the applicants; it is a cross case, from the side of the applicants four persons received injuries; and at this stage there is no clarity with regard to role of the applicants, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicants- Lokendra and Ashok Singh 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 applicants shall make themselves available for interrogation by a 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 they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned. 9. 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 applicants. 10.
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 applicants. 11. The applicants are 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.
12. The application stands disposed of.
13. The personal presence of the Investigating Officer is dispensed with.
Order Date :- 28.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad