Neutral Citation No. - 2025:AHC:134983 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6160 of 2025 Applicant :- Khushavindra Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Misra,Prakash Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of the statement of the Dr. Manoj Kumar Yadav and C.T. Scan report of Durgavati Diagnostic Centre produced by Sri V.P. Tripathi, learned A.G.A. for the State are taken on record. 2. Heard counsel for the applicant, learned AGA for the State and perused the material on record. 3. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 232 of 2025, under Sections 115(2), 352, 351(3), 109 of B.N.S., Police Station- Barhalganj, District- Gorakhpur. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The applicant and the informant are brothers. A property dispute exists between them. The incident is alleged to have occurred on 10.04.2025. The first information report was lodged on 11.04.2025. The delay in lodging the F.I.R. is fatal to the prosecution case. The injured was examined on 13.04.2025. The applicant has no criminal antecedents. It is next contended that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. On the other hand, learned AGA has opposed the prayer for anticipatory bail. 6. Having heard learned counsel for the parties and having perused the record as well as C.D. No. 4 dated 28.04.2025 produced by learned A.G.A. for the State, this court prima facie finds that as per the allegations in the first information report, the informant-Ram Manohar was assaulted by the applicant and two others by punches, fists and sticks. The injured was examined at Community Health Centre, Barhalganj, Gorakhpur on 13.04.2025. The doctor found four injuries. With regard to the injury no. 4, no opinion was given. Rest of the injuries were found simple in nature. The duration of the injuries was about four days old. The injured was thereafter admitted in Durgavati Hospital, Police Station- Barhalganj, District- Gorakhpur on 18.04.2025. As per the statement of the doctor, the intestine of the injured was found ruptured and pus had spread in his abdomen cavity leading to infection. His condition was serious and life threatening. The injured was operated by the doctor on the same day. The C.T. Scan of the injured indicated perforation. The medical report and the statement of the injured supported the prosecution version. In my opinion, this is not an appropriate case for grant of anticipatory bail. Hence the application is hereby rejected leaving it open to the applicant to apply for regular bail before the concerned court, which application when filed, may be considered on its own merits, without being prejudiced by any observation made in this order. Order Date :- 11.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad