Neutral Citation No. - 2025:AHC:47232 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 715 of 2025 Applicant :- Aviral Pandey And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Mohan Mishra,Vinay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Vikas Yadav, counsel for the informant, Sri Nagendra Kumar Mishra, learned A.G.A. and perused the material available on record. 2. The instant application under Section 482 B.N.S.S. has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 403 of 2024 under Sections 191(2), 191(3), 190, 155(2), 352, 351(2), 109, 316(2), 324(4), 333, 117(2) B.N.S., Police Station Cantt., District Gorakhpur. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report, three named accused including the applicants and seven to eight unknown persons are alleged to have assaulted the informant Digendra Singh, Jai Yadav, Vishnu Kumar Singh. As per the medical report of the informant Digendra Singh, he sustained two injuries. The said injuries were found simple in nature. The injured Jai Yadav received a single injury on the head. As per supplementary medical report of Jai Yadav no significant abnormality was seen. The injured, Vishnu Kumar Singh received five injuries. Injury Nos. 2 and 5 were referred for x-ray examination, whereas the other injuries were found simple in nature. As per x-ray report, no abnormality was seen. It is next contended that the injuries sustained by the injured persons are not life threatening and are not serious. In the statement of three injured, the applicants have not been identified as the principal offender who caused the injury on the head of Jai Yadav and Vishnu Kumar Singh. A vague and general role has been assigned to the applicants. It is next submitted that during pendency of the investigation the applicants were granted anticipatory bail till the submission of police report, by this Court vide orders dated 11.09.2024 and 03.10.2024 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS Nos. 8641 of 2024 (Aviral Pandey v. State of U.P.), 8656 of 2024 (Vind Pratap Singh @ Vindya Pratap Singh v. State of U.P.) and 8667 of 2024 (Ankit Yadav alias Guddu v. State of U.P.) respectively. The investigation has been completed and charge-sheet has been submitted. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned court vide order dated 19.12.2024. 4. Counsel for the applicants submits that pursuant to the interim order dated 06.02.2025, the applicants have furnished bail bonds. The applicants are appearing before the concerned court on the dates fixed. The applicants have no criminal antecedents. In case, the applicants are released on anticipatory bail, till the conclusion of trial they will not misuse the said liberty. 5. Counsel for the informant and learned A.G.A. have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicants, considering the nature of accusations, antecedents of the applicant and the fact that the injuries sustained by the injured persons are not life threatening and are not serious. In the statement of three injured, the applicants have not been identified as the principal offender who caused the injury on the head of Jai Yadav and Vishnu Kumar Singh. A vague and general role has been assigned to the applicants. The applicants are appearing before the concerned court on the dates fixed. No violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Aviral Pandey, Vind Pratap Singh @ Vindhya Pratap Singh and Ankit Yadav @ Guddu, 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 :- 3.4.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad