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Neutral Citation No. - 2025:AHC:28369 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1139 of 2025 Applicant :- Munna Yadav Opposite Party :- State of U.P. Counsel for Applicant :- Anjani Kumar Raghuvanshi,Sujan Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The instant Anticipatory Bail Application has been filed with a prayer to grant an anticipatory bail to the applicant in Case Crime No. 410 of 2024, under Sections 109, 115(2) of BNS, Police Station- Lalpur Pandeypur, District- Varanasi. 3. Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Instant first information report has been lodged against unknown persons regarding assaulting the informant's son. Applicant is not named in the first information report. He next submitted that on 03.12.2024 applicant moved an application before the C.J.M. concerned to know whether applicant is wanted in any case and then report came from the concerned police station that applicant is not named in any case. He next submitted that during investigation, Investigating Officer has recorded statement of co-accused, Ratan Gupta and on the basis of his confessional statement, name of the applicant surfaced in the matter, thereafter, in the statement of another co-accused, Shashi Prakash Sing @ Raju, name of the applicant came into the light. He next submitted that informant has not disclosed the name of the applicant. From the statement of co-accused, Shashi Prakash Singh @ Raju, it comes out that applicant had opened fire upon the injured, as a result of which, injured received injury. He further submitted that statement of the injured is not recorded by the prosecution. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation. 4. Per contra, learned A.G.A. has vehemently opposed the anticipatory bail application of the applicant and submitted that during investigation, Investigating Officer has collected clue against the applicant and medical examination report of the injured, is also supporting the prosecution story.
He further submitted that co-accused, Shashi Prakash Singh @ Raju, in his statement has stated that applicant had opened fire upon the injured, as such, injured received injury. Prima facie, offence is made out against the applicant and investigation is still going on. Hence, applicant should not be released on anticipatory bail. 5. Considered the submissions raised by learned counsel for the parties and perused the entire record. From perusal of record, it is apparent that investigation is going on and Investigating Officer has collected evidence in regard to involvement of the applicant in the present case and as per the statement of co-accused, Shashi Prakash Singh @ Raju and Ratan Gupta, applicant's name surfaced in the present case. Further, injury report of the injured is also supporting the prosecution case. No case for interference by this Court is made out. 6. Accordingly, the present anticipatory bail application stands rejected. Order Date :- 28.2.2025 Aditya Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad