HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 9673 of 2026 Court No. - 71 HON'BLE RAJIV LOCHAN SHUKLA, J. 1. Heard Learned counsel for the applicant; and Learned A.G.A. for the State. 2. The present anticipatory bail application has been filed on behalf of the applicant in Case Crime No. 26 of 2025, under Sections 191(2), 115(2), 118(1) and 109 of the B.N.S., 2023, Police Station – Barwapatti, District Kushinagar, with a prayer to enlarge him on anticipatory bail, as the applicant apprehends his arrest in the aforesaid case. 3. Learned counsel for the applicant has contended that the applicant and the other accused have been falsely nominated in the First Information Report (FIR). A general role was given to the applicant. Initially, during investigation, the applicant and co-accused Kyamuddin Ansari and Mustakeem had filed a writ petition being Criminal Misc. Writ Petition No. 10544 of 2025 in which this Court vide the order dated 29.05.2025 was pleased to stay the arrest of the applicant and the other accused. The said writ petition was finally dismissed vide order dated 15.04.2026 after filing of a charge sheet which necessitated the applicant to seek anticipatory bail. Learned counsel has further submitted that co-accused Mustakeem had been granted anticipatory bail till filing of a police report by this Court in NABAIL No. 4435 of 2026 and Kyamuddin Ansari has been granted anticipatory bail in NABAIL No. 7851 of 2026. The case of the applicant stands on a similar footing. 4. Learned A.G.A. has opposed the prayer for bail and has contended that Versus Counsel for Applicant(s) : Damodar Singh, Devendra Vikram Singh Counsel for Opposite Party(s) : G.A. Taiyab @ Amaruddin .....Applicant(s) State of U.P. .....Opposite Party(s) although in the FIR, a general role has been assigned, however later in the statements of witnesses including the injured witness, the specific role of using a glass bottle to hit the injured has been assigned to the applicant. The injury inflicted by the applicant is a grievous injury and the applicant may not be considered for grant of anticipatory bail. The applicant also has a criminal history of two cases. However, the explanation given by the applicant with respect to the criminal antecedents has not been disputed. 5. I have considered the submissions made by the Learned counsel for the parties. 6. The applicant has not been assigned any specific role in the FIR. Later on, during investigation, the applicant has been assigned the specific role of causing injury to the injured using a bottle. The applicant had been granted interim protection from arrest by this Court in Criminal Misc. Writ Petition No. 10544 of 2025. There is no allegation of the applicant not cooperating with the investigation. A charge sheet has now been filed and the applicant is no longer required for any custodial interrogation or recoveries. 7. Taking into account the entire facts and circumstances of the case as also the young age of the applicant who claims to be 23 years of age and also the fact that similarly situated co-accused Kyamuddin Ansari has been granted anticipatory bail by this Court, it would be appropriate to grant anticipatory bail to the applicant also. 8. The anticipatory bail application of the applicant is allowed. 9. The applicant - Taiyab @ Amaruddin shall appear before the trial Court within four weeks from today and shall be released on bail on filing his personal bond and surety in the like amount to the satisfaction of the Court concerned with the following conditions:- i. The applicant shall remain present before the trial Court on each date fixed unless exempted by the trial Court; ii. 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; NABAIL No. 9673 of 2026 2 iii. The applicant shall not leave India without the previous permission of the Court; iv. The applicant shall not pressurize/intimidate the prosecution witness; 10. In case of breach of any of the above conditions, the Court concerned shall be at liberty to cancel the bail. 11. 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 17, 2026 Kushal NABAIL No. 9673 of 2026 3 (Rajiv Lochan Shukla,J.) Digitally signed by :- KUSHAL AGRAWAL High Court of Judicature at Allahabad