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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7325 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State as well as perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicants in Case Crime No. 105 of 2026, under Sections 191(2), 109(1), 115(2), 352, 351(2), 324(4), 117(2) BNS and Section 7 of Criminal Law (Amendment) Act, 1932, P.S. Sarai Khwaja, District Jaunpur, with a prayer to enlarge them on anticipatory bail as the applicants apprehend their arrest in the abovementioned case. 3. The Investigating Officer, Sri Rajesh Kumar Singh, Inspector, P.S. Sarai Khwaja, District Jaunpur is present in Court today. 4. Learned counsel for the applicants has contended that the applicants are old aged persons; applicant no. 1 being 72 years of age and applicant no. 2 being aged about 65 years. Learned counsel for the applicants has contended that there are cross versions and both the sides claimed injuries. Six persons from the side of the applicant and six from the side of the informant have received injuries. The applicants have not been given any specific role in the assault and their implication is solely on account of the Versus Counsel for Applicant(s) : Ashutosh Kumar Tripathi, Sunil Kumar Singh Counsel for Opposite Party(s): Ajay Kumar Singh Yadav, Brij Kumar Yadav, G.A. Sharda Gupta And Another .....Applicant(s) State of U.P. .....Opposite Party(s)
fact that they are family members of the other co accused. The applicants have no criminal antecedents. 5.Learned counsel for the informant and Learned AGA has opposed the prayer for bail and has contended that applicants have been specifically named in the FIR. Six persons have received injuries, out of whom Nirmala has received a fracture in the fore-arm, which is an injury grievous in nature. It is further submitted that in fact it was the applicants who were aggressors and this fact is further demonstrated from the CCTV and Video footage that had been provided to the Investigating Officer during investigation. 6. Learned counsel for the informant and Learned AGA could not dispute the fact that the applicants have no criminal history. 7. I have considered the submissions made by the Learned counsels for the parties. 8.
The applicants Sharda Gupta and Mohan Gupta are stated to be senior citizens. No specific role has been given to the applicants. The Investigating Officer, who is present in court today, has stated on perusal of the Case Diary and after watching the Video footage that Vikash, Vishal, Nilesh and Ashish were indulging in violence and were destroying the vehicles that were present on the spot. Ashish is stated to have also in one Video footage snatched the lathi from his father Ramdhani, and Mohan, Sharda and Panna were seen on the spot present near their houses. From the statement given by the Investigating Officer, it appears that Mohan and Sharda are only seen present on the spot and there is no active involvement of the applicants in the incident in question. 9. Taking note of the entire facts and circumstances of the case as discussed above and also the fact that the applicants are senior citizens having no criminal history, I deem it appropriate to confirm the interim anticipatory bail granted to the applicants. 10. In view of the above, the anticipatory bail application of the NABAIL No. 7325 of 2026 2
applicants is allowed. 11. In the event of the arrest of the applicants- Sharda Gupta and Mohan Gupta, they shall be released forthwith in the Case Crime No. 105 of 2026, under Sections 191(2), 109(1), 115(2), 352, 351(2), 324(4), 117(2) BNS and Section 7 of Criminal Law (Amendment) Act, 1932, P.S. Sarai Khwaja, District Jaunpur, on anticipatory bail on the same terms and conditions as fixed in the earlier order dated 13.08.2026. 12. It is made clear that observations made hereinabove are exclusively for deciding the instant anticipatory bail application and are not to be considered to be an opinion on the merits of the case. October 1, 2026 RavindraKSingh NABAIL No. 7325 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- RAVINDRA KUMAR SINGH High Court of Judicature at Allahabad