General allegations and counter-cases are key considerations in granting anticipatory bail.

CORAM: HONOURABLE MR. JUSTICE JITENDRA KUMAR ORAL ORDER

2 28-01-2026 Heard learned counsel for the petitioners and learned APP for the State.

2. The present petition has been filed on behalf of the petitioners, apprehending their arrest, in connection with Pipariya P.S. Case No. 26 of 2025 dated 16.03.2025 registered for the offences punishable under Sections 191(2), 191(3), 190, 126(2), 115(2), 109(1), 352 and 351(2) of Bharatiya Naya Sanhita 2023.

3. As per allegation, the petitioner along with other co-accused armed with pistol, gun and farsa came to the house of the informant and started firing and abusing the informant and threatened to kill him on account of non-payment of extortion money. It is also alleged that co-accused Ranjeet Bind who is not petitioner herein and Dhiaraj Bind @ Dhiraj Bhagat @ Dhiraj, assaulted Sumit Kumar @ Bhulla who is younger son of the informant.

4. Learned counsel for the petitioners submits that the petitioners are innocent and have falsely been implicated in this case. He further submits that as a matter of fact, there was some dispute and on account of dispute, altercation took place between the informant and petitioners side in which the petitioners side have been assaulted by the informant side. As a matter of fact, the informant side had entered into the shop of the petitioners side to loot the shop items and in that process, they had also assaulted one lady who was sitting in the shop. Hence, Pipariya P.S. Case No. 29 of 2025 has been also instituted by co-accused Sanjay Bhagat against the informant side. He also submits that the allegation against the petitioners are general and omnibus and this case has been filed by the informant side only to save their skin from the offence committed in Pipariya P.S. Case No. 29 of 2025. He also submits that similarly situated co-accused Nitish Bind @ Nitish Kumar @ Nitish Bhagat and Sanni Bind @ Sanni Kumar @

Sanni Bhagat have been enlarged on anticipatory bail by a co- ordinate Bench of this Court vide order dated 05.01.2026 passed in Cr. Misc. 85736 of 2025.

5. It is also stated in paragraph No. 2 of the bail petition that the petitioners have not moved this Court earlier either for anticipatory bail or regular one in the instant case.

6. It has further been stated in paragraph No.3 of the bail petition that the petitioners have been made accused in another case.

7. Learned APP for the State vehemently opposes the prayer of the Petitioners for bail.

8. Considering the aforesaid facts and circumstances particularly general and omnibus allegation and case and counter case, this petition is allowed, directing the petitioners above-named, to be enlarged on bail, in the event of their arrest or surrender before the court below within a period of eight weeks from the date of receipt / production of a copy of this order, on their furnishing bail bonds in the sum of Rs.10,000 /- (Ten Thousand) each with two sureties of the like amount each to the satisfaction of learned concerned court below, in connection with Pipariya P.S. Case No. 26 of 2025 subject to the conditions as laid down under Section 482 (2) B.N.S.S., 2023 and on the following conditions:

(i) In case, it is brought to the notice of the court below that the petitioners have any criminal antecedent other than the disclosed one, learned court below shall cancel the bail bonds of the petitioners after hearing them and getting satisfied that the petitioners have concealed their criminal antecedents despite their knowledge of the same.

(ii) In case, it is brought to the notice of the court below that statement regarding previous bail petition is wrong, learned court below shall cancel the bail bonds of the petitioners.