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Neutral Citation No. - 2025:AHC:40729 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10263 of 2024 Applicant :- Sahabram And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajat Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material placed on record. 2. The present application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No.169 of 2024, under sections 109, 191(2), 191(3), 190, 115(2), 352, 351(2), 351(3) B.N.S., P.S. Mahavan, District Mathura. 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 14 co-accused including the applicants are alleged to have assaulted the informant and her family members. In the alleged incident, five persons received injuries. The injuries are on non-vital part of the body. It is next contended that the applicants did not had any intent to murder the injured persons. Vague and general role has been assigned to the applicants. The investigation has been completed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned court. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants and the fact that the injuries are on non-vital part of the body, the fact that vague and general role has been assigned to the applicants, the investigation has been completed, the applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on
merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants Sahabram, Jitendra, Pradeep, Sant Kumar, Somveer, Sarvesh, Naresh and Sushil, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on 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:- (i) The applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (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; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the concerned court.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 20.3.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad