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2025 DAILYLAW 112855 (ALL)

ANKUR ALIAS ANKUL v. STATE OF U.P. AND 2 OTHERS

ABAIL/12276/2024 · 2025-03-18

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39636 Court No. - 69 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 12276 of 2024 Applicant :- Ankur Alias Ankul Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sanjay Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned AGA for the State- opposite party, and perused the material available on record. 2. This application under section 438 Cr.P.C. has been filed seeking anticipatory bail in Case Crime No. 83 of 2024, under Sections 147, 148, 149, 307, 504, 506 I.P.C., Police Station Bewar, District Mainpuri. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, four accused including the applicant and four unknown persons are alleged to have fired at the informant. As per the medical report, the informant received simple injuries on non-vital part of the body. No firearm wound was found. During the pendency of investigation, the applicant was granted protection till the submission of the police report, by this Court vide order dated 08.04.2024 passed in Criminal Misc. Writ Petition No. 4840 of 2024, Yogesh and others v. State of U.P. and others. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the court concerned. The applicant has no criminal antecedents. The applicant has apprehension of his 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 applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that as per the medical report, the informant received simple injuries on non- vital part of the body; the applicant was granted protection till the submission of the police report, by this Court; the applicant 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 applicant is entitled to be enlarged on anticipatory bail. 6. 6. In the event of arrest, the applicant- Ankur @ Ankul, 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 applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) The applicant 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 applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court. 7. Further, 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 :- 19.3.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad