HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8004 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed by the learned counsel for the applicant today is taken on record. 2. Heard Sri Ishwar Chandra Tyagi learned counsel for the applicants and Sri B.P. Singh, learned A.G.A. for the State and perused the record. 3. The present application has been moved seeking anticipatory bail in Complaint Case No. 748 of 2024, under Sections 147, 148, 149, 308, 324, 323, 504, 506 IPC, P.S. Kotwali Dehat, District Bijnor with the prayer that in the event of arrest, applicants may be released on bail. 4. It is contended by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicants. It is submitted that present complaint has been lodged after a delay of three months. It is further submitted that injuries of the injured are of simple in nature. Further contention is that present complaint has been lodged as a counter blast to the earlier case filed under Section 304 and other sections of IPC by the father of the applicant no. 3 against the first informant. It is further submitted that criminal history of the applicants has been explained in the memo of application as well as in the supplementary affidavit filed today. It is also submitted that applicants undertake to cooperate during trial and they would appear as and when required by the investigating agency or Court. It is lastly submitted that in Versus Counsel for Applicant(s) : Ishwar Chandra Tyagi Counsel for Opposite Party(s) : G.A. Ilyas And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and they will cooperate with the investigation and would obey all conditions of bail. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that injuries received by the injured are incised wound on his skull. 6. I have considered the rival submissions made by learned counsel for the parties. 7. Present complaint has been lodged after a delay of three months. The allegation against the applicants is that he along with other co-accused assaulted the informant side as a result of which informant side received injuries, however, injuries received by the informant side are of simple in nature. The criminal history of the applicants has been explained in the memo of application as well as in the supplementary affidavit filed today. Present prosecution is said to be a counterblast of the case lodged by the father of applicant no. 3 against the first informant for the offence under Section 304 and other sections of the IPC. 8. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 9. Considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicants- Ilyas, Afsaar and Amzad NABAIL No. 8004 of 2025 2 involved in the aforesaid case crime, they shall be released on anticipatory bail on their 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 not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicants would cooperate during trial and would not misuse the liberty of bail. (iv) The applicants shall not leave India without prior permission of the Court concerned. 12. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants herein. October 13, 2025 Abhishek NABAIL No. 8004 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad