Neutral Citation No. - 2025:AHC:122314 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5873 of 2025 Applicant :- Pankaj Rastogi And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Raj Kumar Khanna,Ram Kripal,Sandal Khanna Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 42 of 2025 (Case No. 36897 of 2025), under sections 191(2), 191(3), 190, 115(2), 352, 351(3), 109 of B.N.S., Police Station- Mugalpura, District- Moradabad. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the first information report, the co-accused Sanjay Rastogi is alleged to have fired. As per the medical report, the injured Abhijit Bhatnagar received injuries which were simple in nature. The role of the applicants were clearly distinguishable from that of the co-accused Sanjay Rastogi. During the course of investigation, the applicants were granted protection till submission of police report by this Court vide order dated 01.05.2025 passed in Criminal Misc. Writ Petition No. 8585 of 2025 (Kavita Rastogi and 2 others vs. State of U.P. and 2 others). Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated 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, 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, antecedents of the applicants and the fact that as per the first information report, the co-accused Sanjay Rastogi is alleged to have fired, as per the medical report, the injured Abhijit Bhatnagar received injuries which were simple in nature, the fact that during the course of investigation, the applicants were granted protection till submission of police report by this Court, at this stage, there is no substantive evidence against the applicants, charge-sheet has been filed, the applicants had cooperated in the investigation and 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 Pankaj Rastogi and Prince Rastogi, 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 :- 25.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad