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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9595 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.48 of 2025, under Sections 191(2), 351(3), 352, 110, 118 B.N.S., P.S.- Titavi, District- Muzaffar Nagar, with a prayer to enlarge him on anticipatory bail as the applicant apprehends his arrest in the above-mentioned case. 3. Supplementary affidavit filed by the Learned counsel for the applicant today in Court, is taken on the record. 4. The Learned counsel for the applicant has contended that the applicant has been falsely implicated in the present case. The First Information Report has been lodged against five named accused with a delay of two days. The injured Anant Kumar has not received any injury which may be considered to be dangerous to life. Learned counsel has further submitted that similarly situated co-accused Pankaj, Prince, Satish and Varun Versus Counsel for Applicant(s) : Vijay Pratap Singh Counsel for Opposite Party(s) : G.A. Nikhil .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
were granted anticipatory bail by this Court in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4441 of 2026. The case of the applicant stands on a similar footing. The applicant has a criminal history of three cases and in one case being Case Crime No. 90 of 2016, P.S. - Titavi, District Muzaffarnagar, the applicant has been acquitted by the judgement and order dated 03.10.2022 passed by the Learned Additional District and Sessions Judge (FTC No. 3), Muzaffarnagar. The other case being Case Crime No. 91 of 2016, under Section 25 Arms Act, P.S. Titavi, District Muzaffarnagar, the applicant is on bail and another case being Case Crime No. 11 of 2026, P.S. Aadarsh Mandi, District Shamli, the applicant has not yet been summoned. The applicant has not been called for any interrogation by the police. 5. Learned A.G.A. has opposed the prayer for grant of anticipatory bail but does not dispute the explanation given by the applicant with respect to his criminal antecedents. 6. I have considered the submissions made by the Learned counsel for the parties and perused the material brought on the record. 7.
As per the First Information Report, a general role of assault has been given to the other nominated accused of causing injury to the injured. The specific role has been assigned to the applicant of using some sharp edged weapon to cause injury to Anant Kumar. A perusal of the X-ray report of Anant Kumar shows that there was no abnormality detected in his X-rays. NABAIL No. 9595 of 2026 2
The injuries noted are one incised wound 3 x 2 c.m. over back of scalp, 10 c.m .from right ear, bone deep, the second was vomiting due to trauma and the third was traumatic swelling 1 x 1 c.m. present on the right hand index finger. Statement of the injured also states that he was hit by a sharp edged weapon. The said sharp edged weapon has not been specified. There are no repeated blows and only a single incised wound has been found on the person of the injured. Even the said injury has been opined to be simple in nature. Taking note of the number of accused nominated in the FIR, number and nature of injuries sustained, false implication or over implication cannot be ruled out. 8. In view of the above, I deem it fit to enlarge the applicant on anticipatory bail. 9. In view of the above, the anticipatory bail application of the applicant is allowed. 10. In the event of the arrest of the applicant Nikhil, 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 NABAIL No. 9595 of 2026 3
facts to the Court or to any police officer; 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;
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 30, 2026 Sachin NABAIL No. 9595 of 2026 4 (Rajiv Lochan Shukla,J.) Digitally signed by :- SACHIN TIWARI High Court of Judicature at Allahabad