Atul and Another vs State of U.P.

The present application has been moved seeking anticipatory bail in Case Crime no.192 of 2024, under Sections 323, 504, 506, 308 of IPC, Police Station Khoda, District Ghaziabad, with the prayer that in the event of arrest, applicants may be released on bail.

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It has been argued by the learned counsel for the applicants that applicants are innocent and they have been falsely implicated in this case. It is further submitted that initially the first information report was lodged under Sections 323, 504, 506 of I.P.C. and Section 308 of I.P.C. has been added. It is further submitted that no specific role has been assigned to the applicants. It is further submitted that the injuries received by the injured Nand Kishor is grievous in nature but not dangerous to life. It is also submitted that the applicant no.2 is having criminal history of one case, which has been explained in the supplementary affidavit filed today. It was also submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.

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NABAIL No. 8762 of 2025

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On the other hand, learned A.G.A. has opposed the application for anticipatory bail and it has been submitted by him that the injuries suffered by the injured Nand Kishor is grievous in nature.

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As per first information report, no specific role has been assigned to the applicant and the injuries received by the injured Nand Kishor is grievous in nature but not dangerous to life. It is also submitted that the applicant no.2 is having criminal history of one case, which has been explained in the supplementary affidavit filed today.

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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.

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In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, 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.

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The anticipatory bail application is allowed.

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In the event of arrest of the applicants - Atul and Arun Kumar involved in the aforesaid case crime shall be released on anticipatory bail on their 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 :-

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(i) The applicants shall not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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(ii) 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

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NABAIL No. 8762 of 2025

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to dissuade him/her/them from disclosing such facts to the Court or to any police officer;

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(iii) The applicants would co-operate during trial and would not misuse the liberty of bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

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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 applicants.

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(Jitendra Kumar Sinha,J.)

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November 13, 2025 RKM

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Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad

Atul and Another v. State of U.P.

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Atul and Another v. State of U.P.

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