Neutral Citation No. - 2025:AHC:133969 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5806 of 2025 Applicant :- Saddam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Narain Pathak,Sanjay Tiwari Counsel for Opposite Party :- G.A.,Kushagra Srivastava,Shahrukh Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants, Mr. Shahrukh, counsel for the informant as well as Mr. Neeraj Kumar Sharma, 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. 132 of 2024, under Sections 147, 323, 504, 325, 326 IPC, Police Station Brahmpuri, District Meerut. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The incident is alleged to have occurred on 13.04.2024. The first information report was lodged on 16.04.2024. The delay is fatal to the prosecution case. As per the first information report six persons including the applicants are alleged to have assaulted the informant and two others. The informant has not sustained any injury. The injury sustained by one of the injured Saddam, was found simple in nature, whereas the other injured Usman received five injuries. As per supplementary medical report of Usman (i) 'Fracture seen in Nasal Bone (ii) Lt. lower 2nd incissor missing tooth seen'. It is next contended that the injuries sustained by the inured Usman were although grievous in nature but not life threatening. Further, in the statement of the injured a vague and general role has been assigned to the applicants. At this stage there is no credible evidence to link the applicants with the offence. During the course of investigation, the applicants were granted anticipatory bail, till submission of police report, by this Court vide order dated 13.09.2024 passed in Criminal Misc. Anticipatory Bail Application No. 8475 of 2024. Investigation has been completed. Charge sheet has been submitted. The applicants had co-operated in the investigation. The applicants have been summoned by the concerned court. 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 till conclusion of trial, 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 the FIR was lodged belatedly; in the alleged incident two persons received injuries; the injury sustained by one of the injured Saddam, was found simple in nature, whereas the other injured Usman received five injuries; as per supplementary medical report of Usman (i) 'Fracture seen in Nasal Bone (ii) Lt. lower 2nd incissor missing tooth seen'; the injuries sustained by the inured Usman were although grievous in nature but not life threatening; a vague and general role has been assigned to the applicants; during the course of investigation, the applicants were granted anticipatory bail, till submission of police report by this Court; at this stage, there is no substantive evidence to link the applicants with the offence; charge sheet has been filed;, 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 Saddam and Hasam 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 :- 7.8.2025/Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad