HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9868 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicants and Sri Narendra Nath Tripathi and Ms. Nainshi Srivastava, Learned counsel for the informant and the 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. 572 of 2024, under Sections 115(2), 191(2), 352, 110, 351(3), 324(4), 333 of B.N.S., Police Station- Ramkola, District Kushinagar, with a prayer to enlarge them on anticipatory bail as the applicants apprehend their arrest in the abovementioned case. 3. The Learned counsel for the applicant has contended that the applicants have been falsely implicated in the present case. The FIR has been lodged against 11 named accused who all belong to the same family. The allegation is of assaulting five persons. None of the injured have received any injury which may be considered to be grievous in nature or dangerous to life. The Learned counsel for the applicant has further contended that there are cross versions and four persons from the side of the applicants have also sustained injuries. The Learned counsel for the applicants has further contended that one of the named accused, Shambhu Giri has been granted regular bail by this Court in Criminal Misc. Bail Application No. 24530 of 2026. Applicants have no criminal antecedents. Versus Counsel for Applicant(s) : Arvind Prabodh Dubey, Ashok Kumar Giri, Manvendra Kumar Yadav, Reenika Gupta Counsel for Opposite Party(s) : G.A., Nainshi Srivastava, Narendra Nath Tripathi Byas Muni Giri And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. The Learned counsel for the informant and the Learned AGA have opposed the prayer for bail and have contended that while considering the anticipatory bail application of the co-accused Laxmi Narayan Giri and others, this Court directed that the bail application of the applicants may be considered in the light of the judgment of the Supreme Court in the case of Satender Kumar Antil vs. Central Bureau of Investigation & Another, (2021) 10 SCC 773. The Learned counsel for the informant has also contended that the applicants have no apprehension of arrest and in the event of conviction, the offences do not entail a punishment of more than seven years. The Learned counsel for the informant has further contended that the applicants have been summoned to face trial on 4.8.2025, but no satisfactory explanation of approaching the Court with a delay has been given. 5. I have considered the submissions made by the Learned counsels for the parties. 6. There are cross versions. Both the sides claim injuries. Although the offences in question, in the event of a conviction, do not entail punishment of more than seven years, however, Section 110 of the BNS is a Session triable offence. The application of the co-accused Laxmi Naryan Giri and two others being NABAIL No. 9953 of 2026 was not dismissed on merits, but was permitted to be withdrawn. One of the co- accused, Shambhu Giri, has been granted regular bail by this Court. 7. On a pointed query made to the learned counsel for the informant whether any coercive method or warrants to secure the presence of the applicants has been issued by the concerned Magistrate, the learned counsel for the informant and the learned AGA have not been able to point out the issuance of any coercive process or warrants to compel the appearance of the applicants. 8. Taking into account the facts and circumstances of the case and also the fact that the applicants have no criminal antecedents and after filing of a charge sheet, they are no longer required for any custodial interrogation or recoveries, I deem it appropriate to enlarge the applicant on anticipatory bail. NABAIL No. 9868 of 2026 2 9. In view of the above, the anticipatory bail application of the applicants is allowed. 10. In the event of the arrest of the applicants- Byas Muni Giri, Kaushal Giri and Naveen Giri, they shall be released forthwith in the aforesaid case crime on anticipatory bail on furnishing of their personal bond and surety in the like amount to the satisfaction of the Station House Officer of the police station/Court concerned with the following conditions:- i. the applicants shall make themselves available for interrogation by a police officer as and when required; ii. that 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 them from disclosing such facts to the Court or to any police officer; iii. that the applicants shall not leave India without the previous permission of the Court; iv. that 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 considered to be an opinion on the merits of the case. September 29, 2026 Junaid NABAIL No. 9868 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- JUNAID AHMAD High Court of Judicature at Allahabad