ADITYA VERMA v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
NABAIL/371/2025 · 2025-04-29
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 134850 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 134850 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:24277 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 371 of 2025 Applicant :- Aditya Verma Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Mohd. Sheraj,Raghvendra P. Singh,Shashank Vikram Verma Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for applicant, learned AGA appearing on behalf of State and perused the record. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 428 of 2024, under Sections 3(5), 109, 191(2)(3), 117(2), 118(2) BNS, Police Station Gusaiganj, District Sultanpur. 3. As per contents of First Information Report, the incident is said to have taken place on 05.11.2024 when the applicant alongwith co-accused is said to have attacked the brother of informant and inflicted serious injuries upon him. 4. It is submitted that applicant has been falsely implicated in charges levelled against him which would be evident from the fact that only general role of causing injuries has been assigned without any specific role being attributed to applicant. It is submitted that investigation against applicant is still ongoing while applicant's single case previous criminal history has already been explained. 5. Learned AGA appearing on behalf of State has opposed bail application with the submission that statement of injured as well as contents of FIR clearly indicate the role of applicant in causing injuries. It is, however, admitted that applicant's previous criminal history has been explained and investigation is still ongoing. 6. Upon consideration of submissions advanced by learned counsel for parties and perusal of material on record, prima facie, it appears at this stage that applicant has been assigned only a general role of causing injuries without any specific role being assigned to him. Investigation is still ongoing. 7. Without expressing any opinion on the merits of the case, I am of the opinion that the that the liberty of the applicant may be protected till filing of police report u/s 173(2) Cr.P.C in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. 8.
In view of the above, it is provided that in the event of arrest, the applicant- Aditya Verma shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this protection. 9. The application stands Allowed. Order Date :- 29.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench