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Neutral Citation No. - 2025:AHC:70226 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 11197 of 2024 Applicant :- Mukesh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- Araf Khan,G.A.,Lihazur Rahman Khan Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants as well as learned A.G.A. for the State and Mr. Araf Khan, counsel for the complainant. Perused the material placed on record. 2. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Complaint Case No. 3109 of 2021, under sections 452, 323, 307 I.P.C., P.S. Surir, District Mathura. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. In the alleged incident four persons received injuries. As per the medical report the injuries sustained by the injured persons were found simple in nature. The nature of injuries shows that there was no intent to murder. The applicants have been summoned by the concerned Court. The criminal history of the applicants has been explained in para 26, 27, 28 and 29. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. and counsel for the complainant 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 applicant and the fact that as per the medical report the injuries sustained by the injured persons were found simple in nature; the nature of injuries shows that there was no intent to murder, 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 Mukesh, Rajesh and Hariom @ Harro, 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 himself 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 his 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 :- 2.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad