HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7000 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicants, Sri V.P. Tripathi, learned AGA for the State- opposite party, and Sri Rohit Nandan Pandey, learned counsel for the informant, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Special Case No. 636 of 2025, arising out of Case Crime No. 77 of 2025, under Sections 191(2), 191(3), 333, 115(2), 352, 351(2), 76, 3(5) B.N.S., 3(2)(va), 3(1)(d), 3(1)(e) of SC/ST Act and 7/8 POCSO Act, Police Station Phase-1, District Gautam Budh Nagar. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. With regard to the same incident the mother of the applicant no. 1 has lodged a first information report on 27.02.2025 at 8.24 hours at Police Station Phase-1, District Gautam Budh Nagar, registered as Case Crime No. 74 of 2025, under Sections 191(2), 191(3), 118(1), 131, 115(2) and 351(2) B.N.S.. As per the case diary, in the alleged incident from the side of the informant one person namely Uttam Mandal received two simple injuries. It is next contended that the incident is alleged to have occurred inside the house of the informant and it was place not within public vicinity and as such, no offence under Section 3(1) of the SC/ST Act is made out. It is further contended that the applicants did not act inappropriately with the niece of the informant. As per the medical report, no external injury was seen. Further, in the alleged incident the applicant no. 1 and the other co-accused have also received injuries. The medical reports of the applicant no. 1 and another injured- Abhishek Sharma are annexed as Versus Counsel for Applicant(s) : Vishal Sunder Saurabh Sharma Counsel for Opposite Party(s) : G.A., Rohit Nandan Pandey Rohit Singh And Another .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) annexure-13 to the affidavit filed in support of the bail application. It is a cross-case. The aggressor is still to be ascertained. At this stage there is no credible evidence with regard to exact role of the applicants. Investigation has been completed. Charge-sheet has been submitted. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the court concerned. The applicants 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. 4. Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicants and, in particular, the facts that with regard to the same incident the mother of the applicant no. 1 has also lodged a first information report on 27.02.2025 at 8.24 hours at Police Station Phase-1, District Gautam Budh Nagar, registered as Case Crime No. 74 of 2025, under Sections 191(2), 191(3), 118(1), 131, 115(2) and 351(2) B.N.S.; as per the case diary, in the alleged incident from the side of the informant one person namely Uttam Mandal received two simple injuries; the incident is alleged to have occurred inside the house of the informant and it was place not within public vicinity; in the alleged incident the applicant no. 1 and the other co-accused have also received injuries; it is a cross-case and the aggressor is still to be ascertained; at this stage there is no substantive evidence with regard to exact role of the applicants; investigation has been completed; the applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants- Rohit Singh and Aniket, 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 and every date NABAIL No. 7000 of 2025 2 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 passport, the same shall be deposited by them before the concerned court. 7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 9, 2025 SKT/- NABAIL No. 7000 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad