HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9964 of 2026 Court No. - 71 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard Sri Bhuvnesh Kumar Singh, learned counsel for the applicant, Ms. Mohini holding brief of Sri Shailesh Kumar Srivastava, learned counsel appearing for the informant and learned A.G.A for the State and perused the record. 2. Supplementary affidavit filed today is taken on record. 3. The present application has been filed on behalf of the applicant in Case Crime No. 302 of 2026, under Sections 109(1), 333, 191(2), 191(3), 190, 115(2), 352, 351(3) BNS, Police Station Seohara, District Bijnor with a prayer to grant him anticipatory bail. 4. 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. A total of seven persons along with three unknown persons have been attributed the role of causing injuries to the injured persons, who are two in numbers. As per the injury report of the injured Nargis, she sustained an abraded contusion on right neck; second injury was complaint of pain in whole body. The other injured Gulfisha sustained as many as three injuries on her person. All the injuries allegedly sustained by the injured persons are simple in nature. As per prosecution version, the co-accused Vipin Sisodia opened fire upon the complainant party, however, no one sustained firearm injury as alleged in the first information report against the Versus Counsel for Applicant(s) : Bhuvnesh Kumar Singh Counsel for Opposite Party(s) : G.A., Shailesh Kumar Srivastava Azam .....Applicant(s) State of U.P. .....Opposite Party(s) applicant. It is not alleged by the witnesses that the applicant caused any specific injury to the injured persons. The criminal antecedents of the applicant of two cases have been explained in paragraph 35 of the affidavit and in paragraph 3 of the supplementary affidavit. 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. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 6. I have heard the rival submissions of both sides and perused the record. 7. In Sushila Aggarwal and others vs. State (NCT of Delhi) and another, (2020) 5 SCC 1, the Hon'ble Apex Court has held that while considering an application for grant of anticipatory bail, the court has to consider the nature of the offence, the role of the person, the likelihood of his influencing the course of investigation, or tampering with evidence including intimidating witnesses, likelihood of fleeing justice, such as leaving the country, etc. It has further been held that Courts ought to be generally guided by considerations such as the nature and gravity of the offences, the role attributed to the applicant, and the facts of the case, while considering whether to grant anticipatory bail, or refuse it. Whether to grant or not is a matter of discretion. 8. In Siddharth Vs. State of Uttar Pradesh & Another, (2022) 1 Supreme Court Cases 676, the Hon'ble Apex Court has held that personal liberty is an important aspect of our constitutional mandate. The occasion to arrest an accused during investigation arises when custodial investigation becomes necessary or it is a heinous crime or where there is a possibility of influencing the witnesses or accused may abscond. Merely because an arrest can be made because it is lawful does not mandate that arrest must be made. A distinction must be made between the existence of the power to arrest and the justification for exercise of it. If arrest is made routine, it can cause incalculable harm to the reputation and self-esteem of a person. If the NABAIL No. 9964 of 2026 2 Investigating Officer has no reason to believe that the accused will abscond or disobey summons and has, in fact, throughout cooperated with the investigation, then there is no compulsion on the officer to arrest the accused. 9. Considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 10. Accordingly, the anticipatory bail application is allowed with following directions:- (i) In the event of arrest of the applicant-Azam involved in aforesaid case shall be released on anticipatory bail till the conclusion of trial, on his furnishing a personal bond of Rs.50,000/- with two sureties each of the like amount to the satisfaction of the Station House Officer of the police station concerned or to the court concerned; (ii) The applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (iii) 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; and (iv) The applicant shall not leave India without the previous permission of the Court. 11. In default or misuse of any of the conditions, the Public Prosecutor/ Investigating Officer/ first informant-complainant is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant, before the concerned court. October 9, 2026 Lalit Shukla NABAIL No. 9964 of 2026 3 (Vivek Kumar Singh,J.) Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad Digitally signed by :- LALIT KUMAR SHUKLA High Court of Judicature at Allahabad