Neutral Citation No. - 2025:AHC:127853 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6100 of 2025 Applicant :- Shubham Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Mishra,Suraj Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, Sri Pawan Kumar Dubey, counsel for the informant-opposite party no.2 as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 0100 of 2025, under Sections 191(2), 191(3), 190, 115(2), 109, 351(2), 352 B.N.S., Police Station -Phoolpur, District -Allahabad. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the allegations in the first information report, the applicants along with eight others and ten unknown persons are alleged to have assaulted the informant Usha Devi and four other persons, namely Anand Pandey, Ghanshyam Pandey, Hariom Dubey and Gulab Pandey. As per the medical report and supplementary medical report, all the injuries sustained by Usha Devi, Anand Pandey and Ghanshyam Pandey were found simple in nature. The injured Hariom Dubey received five injuries. Injury nos.1, 4 and 5 were found simple in nature, whereas injury nos.2 and 3 were fracture on the right forearm and left forearm. The injured Gulab Pandey received six injuries. Injury nos.1, 2, 3, 4 and 6 were found simple in nature, whereas a fracture was found on the right knee. It is contended that injury nos.2 and 3 of Hariom Dubey and injury no.5 of Gulab Pandey were although grievous in nature but not dangerous to life. The nature of all injuries received by five injured shows that there was no intent to murder. A vague and general role has been assigned to the applicants. The applicants have not been nominated as the principal offenders, who caused injury nos.2 and 3 to Hariom Dubey and injury no.5 to Gulab Pandey. Identically placed co- accused Raghuvendra Prasad Pandey Kripa Shankar Pandey have been granted anticipatory bail, till submission of police report, by this Court vide order dated 21.05.2025 passed in Criminal Misc. Anticipatory Bail Application No. 3975 of 2025. 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. 4. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that in the alleged incident five persons namely the informant Usha Devi, Anand Pandey, Ghanshyam Pandey, Hariom Dubey and Gulab Pandey are alleged to have received injuries; as per medical report and supplementary medical report, all the injuries received by Usha Devi, Anand Pandey and Ghanshyam Pandey were simple in nature; the injuries sustained by Hariom Dubey were simple in nature except injury nos.2 and 3 which were fracture on the right forearm and left forearm; the injuries sustained by Gulab Pandey were simple in nature except injury no.5 which was a fracture on the right knee; injury nos.2 and 3 of Hariom Dubey and injury no.5 of Gulab Pandey were although grievous in nature but not dangerous to life; the applicants have not been nominated as the principal offenders, who caused injury nos.2 and 3 to Hariom Dubey and injury no.5 to Gulab Pandey; identically placed co-accused Raghuvendra Prasad Pandey Kripa Shankar Pandey have been granted anticipatory bail by this Court; and 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. 7. 7. In the event of arrest, the applicants- Shubham Pandey and Arvind Kumar Pandey 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 passports, the same shall be deposited by them, before the S.S.P./S.P. concerned. 8. 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. 9. 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. 10. 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. 11. The application stands disposed of. Order Date :- 31.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad