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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9833 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J.
1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the State and perused the record. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No.114 of 2025, under Sections 109(1), 333, 115(2), 352, 351(2), 351(3), 125, 3(5) BNS, P.S.- Rura, District- Kanpur Dehat, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above-mentioned case. 3. Learned counsel for the applicant submits that the applicant is absolutely innocent and has been falsely implicated in the present case. He has nothing to do with the alleged offence in spite of that the police are trying to arrest the applicant. As per the contents of the first information report, the applicant along with five others are alleged to have assaulted three persons namely; Rakesh, Maya and Shiv Shankar. As per the medical report of Rakesh, he received a single injury on his head. As per the NCCT head, fracture was seen on skull region. Injured Maya received fracture of radius ulna bone and the injuries received by injured Shiv Shankar were found simple in nature. In the statement of injured Rakesh, the co-accused Vishram and Durgesh are alleged to have assaulted him by lathi-danda. The author of the single injury caused on the head of Rakesh is not known at this stage. Injury received by Maya was not on vital part of the body. Further, in the alleged incident from the side of the applicant three persons also received injuries. In view of the injuries sustained by the persons from the side of the applicant, there is no clarity with regard to the exact role of the applicant. Vague and general allegations have been levelled against the applicant. The applicant has no Versus Counsel for Applicant(s) : Rachana Yadav, Ramanuj Yadav Counsel for Opposite Party(s) : G.A. Ashish Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. It is further submitted that identically situated co-accused Vipin and Vijay have been granted anticipatory bail by this Court in CRIMINAL MISC.
ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4939 of 2025 and 9940 of 2026. Learned counsel for the applicant further submits that the applicant undertakes to cooperate during investigation and trial and shall appear as and when required by the Investigating Agency or the Court concerned. It has also been stated that, in case the applicant is granted anticipatory bail, he shall not misuse the liberty of bail, shall cooperate with the investigation, and shall abide by all the conditions that may be imposed by the Court. 4. The Learned A.G.A. has opposed the prayer for grant of anticipatory bail but could not dispute the factual submissions made by the Learned counsel for the applicant. 5. I have considered the submissions made by the Learned counsel for the parties and perused the material brought on the record. 6. Taking into account all the facts and circumstances of the case, especially the fact that similarly situated co-accused Vipin and Vijay have already been granted anticipatory bail by this Court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4939 of 2025 and 9940 of 2026 and without expressing any opinion on the merits of the case, I deem it fit to enlarge the applicant on anticipatory bail. 7. In view of the above, the anticipatory bail application of the applicant is allowed. 8. In the event of the arrest of the applicant Ashish Kumar, he shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing a personal bond and surety each in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicant shall make himself available for interrogation by a police officer as and when required; ii.
that 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 him from disclosing such facts to the Court or to any police officer;
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iii. that the applicant shall not leave India without the previous permission of the Court; iv. that the applicant shall not pressurize/intimidate the prosecution witness;
9. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 10. 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. September 29, 2026 Sachin NABAIL No. 9833 of 2026 3
(Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad