Neutral Citation No. - 2025:AHC:144114 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6768 of 2025 Applicant :- Shuaib @ Mohd Shuaib And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Peeyush Kumar Pathak,Prateeyush Kumar Pathak Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicants is taken on record. 2. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Criminal Case No.9705 of 2025 (State vs. Shuaib and others) arising out of Case Crime No.169 of 2024, under Sections 115(2), 352, 351(3), 333, 109, 117(2) B.N.S., Police Station- Heempur Deepa, District- Bijnor, during the pendency of trial. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, the applicants along with 2-3 unknown persons are alleged to have assaulted the informant. As per the medical report, the injured sustained seven injuries. Injury nos.1, 2, 3, 4 and 7 were simple in nature, whereas injury nos.5 and 6 were referred for x- ray examination. As per the x-ray report, injury no.5 was found simple in nature, whereas injury no.6 was a fracture of base fourth metacarpal. It is contended that although injury no.6 was grievous in nature but not dangerous to life. Vague and general allegations have been levelled against the applicants. The nature of injuries shows that there was no intent to murder. It is next contended that it is a cross case. In the alleged incident the applicant no.3 also received injuries. From the side of applicants also, a first information report was lodged on 9.1.2025, registered as Case Crime No.05 of 2025, under Sections 115(2), 109, 333, 352, 351(2), 117(2) B.N.S. at police station Heempur Deepa, District Bijnor. The aggressor is still to be ascertained. 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. Criminal history of the applicant nos.1 and 2 has been explained in para nos.3 and 4 of the supplementary affidavit. The applicant nos.3 and 4 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. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants, and the fact that as per the medical report as well as supplementary medical report, the injuries received by the injured were simple in nature except injury no.6; although injury no.6 was grievous in nature but not dangerous to life; from the side of applicants also, a first information report was lodged on 9.1.2025, registered as Case Crime No.05 of 2025, under Sections 115(2), 109, 333, 352, 351(2), 117(2) B.N.S. at police station Heempur Deepa, District Bijnor; in the alleged incident the applicant no.3 also received injuries; the aggressor is still to be ascertained; vague and general allegations have been levelled against the applicants; 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; without commenting on merits of the case, I am of the opinion that the applicants are entitled for anticipatory bail. 7. In the event of arrest, the applicants Shuaib @ Mohd. Shuaib, Chota @ Mohd. Shahid, Arshan and Imran, 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 passports, the same shall be deposited by them before the concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 21.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad