HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7837 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Copy of the second statement of the informant dated 26.08.2025 and medical report of the injured produced by learned AGA, are taken on record. 2. Supplementary affidavit filed by the counsel for the applicant, is also taken on record. 3. Heard learned counsel for the applicant as well as Sri V.P.Tripathi, learned A.G.A. for the State and perused the material available on record. 4. This application has been filed seeking anticipatory bail in Case Crime No. 493 of 2025, under Sections 109(1), 115(2), 351(2), 352, 191(2), 3(5) and 61(2) B.N.S., Police Station Lohiyanagar, District Meerut. 5. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the present case. The incident is alleged to have occurred on 19.08.2025. The first information report was lodged on 20.08.2025. The delay is fatal to the prosecution case. In the first information report four named accused and an unknown person are nominated. In the first statement of the informant the name of two more persons were introduced and the role of firing has been assigned to co- accused Shan. Subsequently, on 26.08.2025, in the second statement of the informant, the name of the applicant was disclosed. It is contended that the said statement recorded for almost six days of the alleged incident, is an after Versus Counsel for Applicant(s) : Rajesh Kumar Kanojia, Swetashwa Agarwal Counsel for Opposite Party(s) : G.A. Waheel .....Applicant(s) State of U.P. .....Opposite Party(s) thought and it discredits the prosecution case. It is next contended that in the alleged incident, the injuries sustained by the injured Salman were found simple in nature and were caused by hard and blunt object. A vague and general role has been assigned to the applicant. At this stage, there is no credible evidence to link the applicant with the offence. Criminal history of the applicant has been explained in para 49 of the affidavit and in para 2 of the supplementary affidavit. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 6. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the applicant was not named in the first information report nor in the first statement of the informant, subsequently, on 26.08.2025 in the second statement of the informant, the name of the applicant was disclosed; the injuries sustained by the injured Salman were found simple in nature and were caused by hard and blunt object; a vague and general role has been assigned to the applicant; at this stage, there is no substantive evidence to link the applicant with the offence; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 8. In the event of arrest, the applicant Waheel 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 applicant 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 applicant 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 or to any police officer; (iii) The applicant shall not leave the country during the currency of trial NABAIL No. 7837 of 2025 2 without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant 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 B.N.S.S. 9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. September 24, 2025 Lbm/- NABAIL No. 7837 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad