HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7097 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Supplementary affidavit, filed by the counsel for the applicant, is taken on record. 2. Sri Vinod Singh, Advocate has filed his vakalatnama on behalf of the informant, the same is taken on record. 3. Heard counsel for the applicants as well as Sri V.P. Tripathi, learned A.G.A. for the State and Sri Vinod Singh, counsel for the informant. Perused the material placed on record. 4. This application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No.319 of 2025, under sections 191(2), 191(3), 190, 109(1), 352, 351(3), 61(2) B.N.S., P.S. Akrabad, District Aligarh. 5. 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 three others are alleged to have fired at the informant and his brother. In the alleged incident, Mohd. Arif is stated to have received two firearm injuries. According to the the statement of the injured, co- accused Hasan Gyas and Chota Amir Gyas are alleged to have caused injuries. In the statement of the informant to the police Hasan Gyas, Chota Amit Gyas and Zubair were named as the associates who caused injuries. The role of exhortation has been attributed to the applicants. The role of the applicants is clearly distinguishable from that of three co-accused. It is next Versus Counsel for Applicant(s) : Bhavya Sahai, Mohd. Ibrar Khan Counsel for Opposite Party(s) : Ajay Kumar, G.A. Jeeshan And Another .....Applicant(s) State of U.P. .....Opposite Party(s) contended that as per C.D. No.8 dated 20.7.2025, the investigating officer has recorded that the applicants were not present at the spot at the time of alleged incident. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. Investigation is pending and 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. 6. Learned A.G.A. for the State and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Learned counsel for the applicant 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, antecedents of the applicant and the fact that the role of exhortation has been attributed to the applicants, the role of the applicants is clearly distinguishable from that of three co-accused, as per C.D. No.8 dated 20.7.2025, the investigating officer has recorded that the applicants were not present at the spot at the time of alleged incident, 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 applicant is entitled for anticipatory bail till the submission of police report. 9. In the event of arrest, the applicants Jeeshan and Junaid 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 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 NABAIL No. 7097 of 2025 2 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. September 1, 2025 S.S. NABAIL No. 7097 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad