BHANTU @ MANTU KUMARversusSTATE OF U.P.

         HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No.
                        - 9250 of 2026

Bhantu @ Mantu Kumar
                                                           .....Applicant(s)
                                  Versus

State of U.P.
                                                               .....Opposite
                                                                     Party(s)

Counsel for Applicant(s)                       :   Rajeev Pushkar
Counsel for Opposite Party(s)                  :   G.A.

Court No. - 71
                 HON'BLE RAJIV LOCHAN SHUKLA, J.

1. Heard, Learned counsel for the applicant, the Learned A.G.A. for the
State and perused the record.

2. The present anticipatory bail application has been filed on behalf of the
applicant in Case Crime No.54 of 2026, under Sections 109(1), 190, 352,
351(2), 115(2), 191(2), 191(3) of the B.N.S., Police Station- Baburi,
District- Chandauli, with a prayer to enlarge him on anticipatory bail till
the submissions of the charge sheet as the applicant apprehends his arrest
in the above-mentioned case.

3. Learned counsel for the applicant submits that the applicant has been
falsely implicated in the present case. In the First Information Report,
only a general role has been assigned to the applicant. Eight persons are
named in the First Information Report including the applicant and five
persons are shown to be injured. The injuries received by the injured have
not been opined to be dangerous to life. A general role has been given to
the applicant. The applicant has no criminal history. Similarly situated co-
accused, Soti, Lallan and Jasvant @ Jasvant Kumar, have been granted
anticipatory bail by this Court in NABAIL Nos. 7122 of 2026, 8601 of
2026 and 9001 of 2026 respectively.

4. Learned A.G.A. has opposed the prayer for grant of anticipatory bail
and has contended that applicant and the other accused have been
specifically nominated in the First Information Report. He, however,
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could not point out any injury which may be considered to be dangerous
to life.

5. I have considered the submissions made by the Learned counsels for
the parties.

6. The incident in question relates to the injured Vibhuti breaking off a
branch from a bamboo tree, which led to the accused assaulting the
injured. No statement of any doctor or any supplementary report has been
pointed out which may indicate that any injury of the injured was
dangerous to life. In the x-ray report of the injured, Vibhuti, no bony
injury on the chest has been found. In NCCT- HEAD of the injured,
Vibhuti, a fracture of the right zygomatic arch and the right temporal and
parietal bone has been noted. The said injury has not been specifically
attributed to any of the named accused. Eight persons have been
nominated in the present case and in the prima face opinion of the Court,
false implication of the accused applicant cannot be ruled out. Similarly
situated co-accused, Soti, Lallan and Jasvant @ Jasvant Kumar, have been
granted anticipatory bail by this Court. Only a general role has been given
to all the accused. The applicant has no criminal antecedents.

7. Taking into account all the facts and circumstances of the case and
without expressing any opinion on the merits of the case, I deem it fit to
enlarge the applicant on anticipatory bail.

8. In view of the above, the anticipatory bail application of the applicant
is allowed.

9. In the event of the arrest of the applicant- Bhantu @ Mantu Kumar,
he shall be released forthwith in the aforesaid case crime on anticipatory
bail on furnishing a personal bond and surety in the like amount to the
satisfaction of the Station House Officer of the police station/Court
concerned with the following conditions:-

i. the applicant shall make himself available for interrogation by a police
officer as and when required;

ii. that the applicant shall not, directly or indirectly make any inducement,
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                                                                   3


                                    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;

                                    iii. that the applicant shall not leave India without the previous permission
                                    of the Court;

                                    iv. that 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.



                                                                                      (Rajiv Lochan Shukla,J.)
                                    September 16, 2026
                                    S.A.




Digitally signed by :-
SALMAN AHMAD
High Court of Judicature at Allahabad