HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7634 of 2025 Court No. - 69 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 V.P. Tripathi, 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 applicants in Case Crime No. 238 of 2024, under Section 109(1) of B.N.S., Police Station- Nakur, District- Saharanpur. 4. Counsel for the applicants submits that the applicants were not named in the first information report and have been falsely implicated in the present case. The name of the applicants was disclosed by the co-accused, Arif alias Raja in police custody. The said statement, insofar as it implicates, the applicants is unreliable. The alleged knife was also recovered from the possession of the co-accused, Arif alias Raja. As per the medical report as well as supplementary medical report, the injuries received by the informant- injured were simple in nature. It is contended that the nature of injuries shows that there was no intent to murder. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. The investigation is still pending. It is next submitted that the applicants have apprehension of their arrest and in case, the applicants are released on anticipatory bail, they will not misuse the said liberty. Versus Counsel for Applicant(s) : Dhiraj Kumar Pandey Counsel for Opposite Party(s) : G.A. Shoaib @ Suhail And Another .....Applicant(s) State of U.P. .....Opposite Party(s) 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, in particular, the fact that the applicants were not named in the first information report; the name of the applicants was disclosed by the co-accused, Arif alias Raja in police custody; the alleged knife was also recovered from the possession of the co- accused, Arif alias Raja; as per the medical report as well as supplementary medical report, the injuries received by the informant-injured were simple in nature; the nature of injuries shows that there was no intent to murder; at this stage, there is no substantive evidence against the applicants, 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 Shoaib @ Suhail and Anas, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicants shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicants shall surrender their passports, if any, to the concerned Court forthwith. Their passport will remain in custody of the concerned Court. (v) The applicants shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are NABAIL No. 7634 of 2025 2 present in court. (vi) The applicants shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. 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. September 24, 2025 Sachin Mishra NABAIL No. 7634 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad