HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10143 of 2026 Court No. - 71 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard Sri Yashaswin Bajpai alongwith Ms. Vishakha Pande, learned counsel for the applicants, Sri Yogesh Kumar Singh alongwith Sri Neeraj Kumar Singh, learned counsel for the informant, learned A.G.A for the State and perused the record. 2. The present application has been filed on behalf of the applicants in Case Crime No.0265 of 2026, under Sections 191(2), 109(1), 115(2), 352 and 324(4) of BNS, Police Station -Rohaniya, District Varanasi, with a prayer to grant them anticipatory bail. 3. Learned counsel for the applicants submits that the applicants are absolutely innocent and have been falsely implicated in the present case. They have nothing to do with the alleged offence; in spite of that, the police are trying to arrest them. As per the prosecution case, two persons, namely Vikki and Ashutosh, sustained injuries. However, there is no injury report of the injured Vikki. The other injured, Ashutosh, did not sustain any injury which was found to be grievous in nature or dangerous to life. It is further contended that all the injuries were simple in nature. From the side of the applicants, one Satyam Singh received as many as nine injuries on his person. The injury report of Satyam Singh has been appended at page no. 71 of the affidavit. It is further contended that no offence under Section 109(1) of the BNS is made out against the applicants. Section 109(1) of the BNS has been wrongly invoked in order to send the applicants behind bars. It is further submitted that the applicants have no criminal antecedents to their Versus Counsel for Applicant(s) : Sr. Advocate, Vishakha Pande, Yashaswin Venugopal Bajpai Counsel for Opposite Party(s) : G.A. Rishabh Rai @ Golu And Another .....Applicant(s) State of U.P. .....Opposite Party(s) credit. Learned counsel for the applicants further submits that the applicants 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 applicants are granted anticipatory bail, they 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. On the other hand, learned A.G.A. and learned counsel for the informant have opposed the application for anticipatory bail, however, they do not dispute the factual aspect. 5. I have heard the rival submissions of both sides and perused the record. 6. 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. 7. 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 Investigating Officer has no reason to believe that the NABAIL No. 10143 of 2026 2 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. 8. Considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 9. Accordingly, the anticipatory bail application is allowed with following directions:- (i) In the event of arrest of the applicants- Rishabh Rai @ Golu and Anuj Singh, involved in the aforesaid case, they shall be released on anticipatory bail till the conclusion of trial, on their furnishing 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 the court concerned. (ii) The applicants 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 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 her/him from disclosing such facts to the Court or to any police officer; and (iv) The applicants shall not leave India without the previous permission of the Court. 10. 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 applicants, before the concerned court. October 7, 2026 Radhika NABAIL No. 10143 of 2026 3 (Vivek Kumar Singh,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad