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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9608 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Supplementary affidavit on behalf of the applicants, filed today in Court, is taken on the record. 2. Heard Learned counsel for the applicants; and Learned A.G.A. for the State. 3. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No. 288 of 2024, under Sections 118(1), 117(2) and 110 of the B.N.S., 2023, Police Station – Baniyather, District Sambhal, with a prayer to enlarge them on anticipatory bail, as the applicants apprehend their arrest in the aforesaid case. 4. Learned counsel for the applicants has contended that the applicants were falsely implicated in the present case. The allegation in the First Information Report (FIR) is of causing injuries to the three injured, namely, Vijay, V.P. Singh and Omveer. The Learned counsel has submitted that the offences in question, in the event of conviction, do not entail a punishment of more than seven years. A charge sheet has already been submitted, and the applicants were not arrested during investigation. The Learned counsel has further submitted that the applicants have no criminal antecedents. 5. The Learned A.G.A. has opposed the prayer for bail and has contended that the applicants used iron rod and bricks to assault the injured, and the injured Omveer and V.P. Singh have received grievous injuries. The Learned A.G.A. does not dispute the fact that the applicants have no Versus Counsel for Applicant(s) : Dileep Kumar Shukla, Shikhar Neelkanth Counsel for Opposite Party(s) : G.A. Bobi And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
criminal antecedents. 6. I have considered the submissions made by the Learned counsel for the parties. 7. The dispute, as mentioned in the FIR, was between the named accused and the informant's brother. The applicants supposedly assaulted the informant's brother, and the three injured, when they came to save the informant's brother, received injuries. The informant's brother has not received any injury. The applicants were not arrested during investigation. The injuries, although opined to be grievous in nature, have not been stated to be dangerous to life. The offences in question entail, in the event of conviction, a maximum punishment of seven years; however, Section 110 of the BNS is triable by Court of Session. 8.
Taking into consideration the entire facts and circumstances of the case, as discussed above, I deem it appropriate to enlarge the applicant on anticipatory bail. 9. The anticipatory bail application of the applicants is allowed. 10. The applicants - Bobi, Kuldeep, Ram Babu and Happu @ Raudas @ Rohdas shall appear before the trial Court within four weeks from today and shall be released on bail on filing their personal bond and surety in the like amount to the satisfaction of the Court concerned with the following conditions:- i. The applicants shall remain present before the trial Court on each date fixed unless exempted by the trial Court; 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 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; iv. The applicants shall not pressurize/intimidate the prosecution witness;
11. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be NABAIL No. 9608 of 2026 2
considered to be an opinion on the merits of the case. September 30, 2026 Kushal NABAIL No. 9608 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad