Ajay Kishore and 5 Others vs State of U.P.

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 10873 of 2025

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Ajay Kishore And 5 Others

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.....Applicant(s)

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Versus
State of U.P. .....Opposite Party(s)
Counsel for Applicant(s) : Hitesh Pachori
Counsel for Opposite Party(s) : G.A.

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Court No. - 72

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HON'BLE JITENDRA KUMAR SINHA, J.

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1. Heard Sri Virendra Singh, holding brief of Sri Hitesh Pachori, learned counsel for the applicants and Sri Manoj Gatuam, learned A.G.A. appearing for the State respondents and perused the record.

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2. Present application has been moved seeking anticipatory bail in Case Crime No. 0069 of 2025, under Sections 74, 115(2), 191(2), 333, 351(2), 352 B.N.S., Police Station Trans Yamuna, District Agra with the prayer that in the event of arrest, applicants may be released on bail.

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3 . It is contended by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case. He further submits that no offence is made out against the applicants as no specific role has been assigned to any of the applicants. It is submitted that as per the FIR the applicants along with two other co-accused are said to have assaulted the first informant side as a result of which 03 persons are said to have received injuries but none of the injuries is dangerous to life. It is also submitted that two persons of the applicant's side have also received injuries in the alleged incident and cross version of the case has been filed but the FIR has not been lodged. It is also submitted that the applicants are having no criminal history. It is also submitted that applicants undertake to cooperate during trial and they would appear as and when required by the investigating agency or Court. It is lastly submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and they will cooperate with the

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NABAIL No. 10873 of 2025

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2

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investigation and would obey all conditions of bail.

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4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect.

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5 . I have considered the rival submissions made by learned counsel for the parties.

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6. No specific role has been assigned to any of the applicants. As per the FIR the applicants along with two other co-accused are said to have assaulted the first informant side as a result of which 03 persons are said to have received injuries but none of the injuries is dangerous to life. The applicants are having no criminal history.

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7. 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, the 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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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.

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9 . The anticipatory bail application is allowed .

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10. In the event of arrest of the applicants- Ajay Kishore, Nitin Kishore, Satyam Kishore, Jugal Kishore, Kaushal Kishore and Nandu @ Narendra Kumar involved in the aforesaid case crime, they 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

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NABAIL No. 10873 of 2025

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3

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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 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 cooperate during trial and would not misuse the liberty of bail.

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

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11. 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 herein.

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(Jitendra Kumar Sinha,J.)

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January 5, 2026

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Abhishek

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Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad

Ajay Kishore and 5 Others v. State of U.P.

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Ajay Kishore and 5 Others v. State of U.P.

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