ABHINAV ALIAS CHAUDHARY ABHINAV MALIK v. STATE OF U.P.
NABAIL/846/2025 · 2025-03-16
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14010 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14010 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:37070 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 846 of 2025 Applicant :- Abhinav Alias Chaudhary Abhinav Malik Opposite Party :- State of U.P. Counsel for Applicant :- Namman Raj Vanshi Counsel for Opposite Party :- Rudra Kant Mishra,G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant as well as Sri Anupam Anand, learned brief holder for the State, and perused the material placed on record. 2. This application under Section 482 BNSS. has been filed seeking anticipatory bail in Case Crime No. 421 of 2024, under Sections 126(2), 190, 191(2), 191(3), 115(2), 352, 351(2), 109, 316(2), 318(4) B.N.S., Police Station T.P.Nagar, District Meerut. 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 the alleged amount was received by co-accused Nauraj Malik and Shiva on
27.09.2024. The applicant along with co-accused Shiva are alleged to have fired at the informant on 30.10.2024. In the alleged incident no person received any injury. The first information report was lodged belatedly on 05.11.2024. The description/details of said property has not been stated in the FIR nor in the statement of the informant to the police. No offence is made out against the applicant. The co-accused Nirmala Devi and Smt. Renu Devi have been granted anticipatory bail by the co-ordinate bench of this Court vide order dated 06.03.2025 passed in Criminal Misc. Anticipatory Bail Application No. 125 of 2025. The applicant claims parity. The applicant has no criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned brief holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned 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 applicant, considering the nature of accusations and antecedents of the applicant, in particular of the fact, that the first information report has been lodged belatedly, as per the allegations in the FIR, the alleged amount was received by the co-accused Nauraj Malik and Shiva, in the alleged incident no person received any injury, the co-
accused Nirmala Devi and Smt. Renu Devi 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 applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Abhinav @ Chaudhary Abhinav Malik be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, 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 applicant shall make himself available for interrogation by a police officer as and when required; (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 him from disclosing such facts to the Court or to any police officer; (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 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 applicant. 10. The applicant is 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 :- 17.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad