Neutral Citation No. - 2025:AHC:129406 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5977 of 2025 Applicant :- Mohd. Hasam Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Pandey,Anamika Singh Counsel for Opposite Party :- Avdhesh Kumar,G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, Sri Anupam Anand, learned Brief Holder for the State, and Sri Avadhesh Kumar, learned counsel for the informant, and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 109 of 2025, under Sections 115(2), 352, 351(3), 118(1), 109 B.N.S., Police Station Dilari, District Moradabad. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. In the first information report four persons including the applicant are nominated. Specific role of assault has been assigned to co-accused Firoz and Raees. In the alleged incident the informant has received four injuries. Injury Nos. 1, 3 and 4 were simple in nature. Injury No. 2 on the chin region was found grievous in nature. It is contended that the said injury was although grievous in nature but not dangerous to life. The nature of the injuries shows that there was no intent to murder. It is further contended that it is a cross case. The applicant has also lodged a first information report against the informant registered as Case Crime No. 108 of 2025, under Sections 115(2), 352, 351(3), 118(1), 109 B.N.S, Police Station Dilari, District Moradabad. The applicant has also received injuries. The aggressor is still to be ascertained. At this stage there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in Paragraph- 3 of the supplementary affidavit. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned Brief Holder for the State and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant 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 applicant and, in particular, the fact that specific role of assault has been assigned to co- accused Firoz and Raees; in the alleged incident the informant has received four injuries, out of which Injury Nos. 1, 3 and 4 were simple in nature and Injury No. 2 on the chin region was found grievous in nature; the said injury was although grievous in nature but not dangerous to life.; the nature of the injuries shows that there was no intent to murder; it is a cross case, the applicant has received injuries and also lodged a first information report against the informant; the aggressor is still to be ascertained; at this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Mohd. Hasan Ali 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 applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 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 applicant. 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 applicant. 11. The applicant is 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. Order Date :- 1.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad