Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 10372 (ALL)

IMRAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/551/2025 · 2025-05-14

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:80556 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 551 of 2025 Applicant :- Imran And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayush Kaushik Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit, filed by the counsel for the applicants, is taken on record. 2. Heard learned counsel for the applicants, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 150 of 2024, under Sections 147, 148, 149, 336, 323, 504, 307 I.P.C. and Section 7 of Criminal Law (Amendment) Act, 1932, Police Station Inchauli, District Meerut. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report, two groups were fighting amongst themselves and pelting stones at each other. In the alleged incident, no person has received any injury. Further, identically placed co-accused Waseem and Shadab have been granted anticipatory bail till submission of police report by this Court vide orders dated 9.9.2024 and 25.10.2024 passed in Criminal Misc. Anticipatory Bail Application No. 8544 of 2024 and 10125 of 2024 respectively. The criminal history of applicant nos.1 and 3 has been explained in para 2 of the supplementary affidavit and in para 24 of the bail application respectively. The applicant nos. 2 and 4 have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, antecedents of the applicants and in particular the fact that in the alleged incident, no person has received any injury, identically placed co-accused Waseem and Shadab have been granted anticipatory bail till submission of police report by this Court, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Imran, Faryad, Sajid and Soyab be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicants shall make themselves available for interrogation by a police officer as and when required; (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 from disclosing such facts to the Court or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have have passport, the same shall be deposited by them before the S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants. 10. The applicants are directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 15.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad