Neutral Citation No. - 2025:AHC:129125 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6108 of 2025 Applicant :- Rambhawan Yadav And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Dilip Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Rahul Kumar Pandey, Advocate has filed Vakalatnama on behalf of the opposite party no.2-informant. The same is taken on record. 2. Supplementary affidait, filed by the counsel for the applicants, is taken on record. 3. Heard learned counsel for the applicants, Sri Rahul Kumar Pandey, counsel for the informant-opposite party no.2 as well as Sri P.K. Tripathi, learned AGA for the State, and perused the material placed on record. 4. This application has been filed seeking anticipatory bail in Case Crime No. 239 of 2025, under Sections 191(2), 115(2), 352, 351(2), 333, 109 B.N.S., Police Station Gauri Bazar, District Deoria. 5. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. Eleven persons including the applicants are nominated in first information report. In the alleged incident three persons received injuries namely; Kanhaiya Yadav, Amrendra Yadav and Umesh Yadav. As per the first information report, Specific role of causing the head injury to Amrendra Yadav has been assigned to co-accused Kameshwar Yadav and Avnish Yadav. Co-accused Kameshwar Yadav is also alleged to have caused head injury to Kanhaiya Yadav, whereas co- accused-Abhishek Kumar Yadav is alleged to have assaulted Umesh Yadav. As per the medical report, the injuries sustained by Kanhaiya Yadav and Amrendra Yadav were grievous in nature, whereas Umesh Yadav received fracture on the nasal bone. It is contended that although the injury sustained by Umesh Yadav was grievous in nature but not dangerous to life. The role of the applicants is clearly distinguishable from that of Kameshwar Yadav and Avnish Yadav. It is next contended that it is a cross case. From the side of the applicants, three persons also received injuries, which are grievous in nature. Copy of medical reports are annexed collectively as Annexure-4 to the affidavit. Further, identically placed co-accused Digvijay Nath Yadav, Ankush Kumar Yadav and Abhishek Kumar Yadav have been granted anticipatory bail by this Court vide order dated 24.7.2025 passed in Criminal Misc. Anticipatory Bail Application No. 5855 of 2025. The applicants claim parity. At this stage, there is no credible evidence to link the applicants with the offence. The criminal history of the applicant no.1 has been explained in para 3 of the supplementary affidavit. The applicant nos. 2 and 3 have no criminal antecedents. It is next submitted that the investigation is pending and the applicants have apprehension of their arrest in the above mentioned case. 6. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Learned counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 8 Having regard to the submissions made, considering the nature of accusations and antecedents of the applicants, in particular the fact, that as per the first information report, Specific role of causing the head injury to Amrendra Yadav has been assigned to co-accused Kameshwar Yadav and Avnish Yadav; co-accused Kameshwar Yadav is also alleged to have caused head injury to Kanhaiya Yadav; applicant no.3 is alleged to have assaulted Umesh Yadav; Umesh Yadav received fracture on the nasal bone; the injury sustained by Umesh Yadav was grievous in nature but not dangerous to life; it is a cross case; from the side of the applicants, three persons also received injuries; aggressor is still to be ascertained; at this stage, there is no substantive evidence to link the applicants with the offence, 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. 9. In the event of arrest, the applicants- Rambhawan Yadav, Neeraj Devi, Sarvesh Yadav be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, 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 passport, the same shall be deposited by them before the S.S.P./S.P. concerned. 10. 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. 11. 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. 12. 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. 13. The application stands disposed of. Order Date :- 1.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad