DHARMENDRA SAROJ @ NANHU v. STATE OF U.P. THRU. ADDL. CHIEF SECY. HOME LKO
NABAIL/1054/2025 · 2025-08-22
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 158166 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 158166 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:49334 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1054 of 2025 Applicant :- Dharmendra Saroj @ Nanhu Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko Counsel for Applicant :- Abhinav Srivastava Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Abhinav Srivastava, learned counsel appearing on behalf of the applicant as well as Shri Avishesh Kumar Singh, learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.101 of 2025, under Sections 109 of BNS and Section 3, 25 of Arms Act, registered at Police Station- Baghari, District- Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged by an Inspector of Police against five persons, including the applicant, stating that a Swift Desire car was intercepted by the police but the persons who were sitting in the car including the driver tried to ran away. One person was arrested and remaining persons escaped. The persons arrested namely co-accused Virendra Yadav, stated that the applicant was also sitting in the car along with other persons. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent having no criminal history and he has been falsely been implicated in the present case. The applicant's involvement in seven other criminal cases has been disclosed by filing a supplementary affidavit, in four of which the applicant has been
granted bail, in one case mediation proceedings are going on and the applicant has not received any summons regarding the other two cases. 5. The learned A.G.A. has opposed the prayer for bail and he has submitted that the investigation in the case is still going on. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that applicant has been arrested only on the basis of custodial confessional statement of the co-accused persons in which there is no allegation of commission of offence by the applicant, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 7. In view of the above, the anticipatory bail application of the applicants is allowed.
In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that 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 or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court.
(iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness.
Order Date :- 22.8.2025 S. Shivhare Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench