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2025 DAILYLAW 15349 (ALL)

MANJEET ALIAS BHALU AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/1102/2025 · 2025-02-12

Vivek Varma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:20423 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1102 of 2025 Applicant :- Manjeet Alias Bhalu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Devesh Kumar Shukla and Sri Irfan Ahmad Malik, Advocates have filed their Vakalatnama on behalf of the informant. The same is taken on record. 2. Heard learned counsel for the applicants, Sri Devesh Kumar Shukla, learned counsel for the informant and Sri Shashank Shekhar Pandey, learned A.G.A. for the State- opposite party. Perused the material placed on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 832 of 2024, under Sections 115(2), 352, 108 BNS, Police Station Baghpat, District Baghpat. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108 BNS are not made out. The applicants, in no manner, abetted the commission of suicide by the deceased. In support of his submission, counsel for the applicants has placed reliance on the judgements of the Hon'ble Supreme Court in the cases of Amalendu Pal vs. State of West Bengal (Criminal Appeal No. 2091 of 2009 decided on 11.11.2009) and Jayedeepsinh Pravinsinh Chavda & ors. v. State of Gujarat, S.L.P. (Crl.) No. 7957 of 2024, dated 10.12.2024. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 5. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that as per the allegations in the first information report, the necessary ingredients to constitute the offence under Section 108 BNS are not made out, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicants- Manjeet @ Bhalu and Deepak 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 applicants shall make themselves available for interrogation by a police officer as and when required; (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 them from disclosing such facts to the Court or to any police officer; (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 them before the S.S.P./S.P. concerned. 9. 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 applicants. 10. 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 applicants. 11. The applicants are 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. 12. The application stands disposed of. Order Date :- 13.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad