HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2374 of 2026 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Mr. Santosh Kumar Tiwari, learned counsel for the applicant, Mr. Shiv Dutt Shukla, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime No.-306 of 2025, under Sections 115(2), 352, 351(3), 118(2) B.N.S., Police Station Pipiganj, District Gorakhpur, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has been falsely implicated in this case. It is further submitted that the First Information Report has been lodged against unknown persons and it is alleged that some unknown persons have assaulted the son of the first informant by hard and blunt object and bricks, as a result of which, the injured has received injury on his eyes. During investigation, the name of the applicant has surfaced. The injuries received by the injured have not been found to be dangerous to life. It is further submitted that after the alleged incident, the injured is said to have gone to Nepal and it is alleged that surgery was performed on him and the First Information Report has been lodged after delay of nine days. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the Versus Counsel for Applicant(s) : Santosh Kumar Tiwari Counsel for Opposite Party(s) : G.A. Alok Mishra .....Applicant(s) State of U.P. and Another .....Opposite Party(s) investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail. 5. The first information report has been lodged against unknown persons after delay of nine days alleging therein that some unknown persons have assaulted the first informant by hard and blunt object and bricks, as a result of which, the injured sustained injury on his eyes. Further, during investigation, the name of the applicant has surfaced. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, 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. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicant- Alok Mishra involved in the aforesaid case crime shall be released on anticipatory bail on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Court concerned, with the following conditions :- (i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned; (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/her/them from disclosing such facts to the Court or to any police officer; NABAIL No. 2374 of 2026 2 (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant shall not leave India without prior permission of the Court concerned. 10. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. March 19, 2026 Rama Kant NABAIL No. 2374 of 2026 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad