Neutral Citation No. - 2025:AHC:116659 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5687 of 2025 Applicant :- Ramhunkar Ramkishun Dubey Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Kumar Singh,Kirti Singh,Shyam Dhar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State- opposite party no. 1, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 234 of 2023, under Sections 147, 149, 323, 352, 504, 506, 308, 427 I.P.C., Police Station Phoolpur, District Prayagraj. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 23.06.2023. The first information report was lodged on 01.07.2023. The delay is fatal to the prosecution case. According to the first information report, nine persons including the applicant are alleged to have assaulted seven persons. As per the case diary, only medical report of Pranjay Mishra is available. As per the medical report of Pranjay Mishra, he sustained a single injury on his head. In the first information report and in the statement of the injured Pranjay Mishra a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused the head injury to the injured. Identically placed co- accused Praveen Kumar has been granted anticipatory bail by this Court vide order dated 02.09.2024 passed in Criminal Misc. Anticipatory Bail Application No. 8665 of 2024. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, he will not misuse the said liberty. 4. Learned A.G.A. 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 applicant and, in particular, the fact that a vague and general role has been assigned to the applicant; charge sheet has been submitted, the applicant 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 applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant- Ramhunkar Ramkishun Dubey, 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 and every 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 case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith. 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 :- 18.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad