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2025 DAILYLAW 16948 (ALL)

CHHATAR SINGH v. STATE OF U.P. AND ANOTHER

NABAIL/1228/2025 · 2025-03-02

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29556 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1228 of 2025 Applicant :- Chhatar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Yadav Counsel for Opposite Party :- G.A.,M J Akhtar Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant, learned counsel for the informant, learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been moved by the applicant for enlarging him on bail in Case Crime No.13 2025, under Sections 191(2), 115(2), 109(1)m & 118(1) B.N.S., Police Station Kotwali City, District Bijnor. 3. It is submitted by learned counsel for the applicant that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Allegation in the FIR is false and baseless. FIR is registered due to previous enmity. Complaint has lodged against the informant and injury received by the injured is simple in nature. 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. Learned A.G.A. and learned counsel for the informant have vehemently opposed the prayer for bail and has submitted that the applicant is named in the FIR and role of causing injury is assigned to the applicant and other co-accused. Injuries are grievous in nature. Learned AGA has also stated that the applicant has not explained the criminal history in the affidavit of anticipatory bail application. The applicant is not entitled for any indulgence by this Court. Hence, the anticipatory bail application of the applicant may be rejected. 5. The object of Section 482 of B.N.S. is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. 6. It is well settled that discretionary power conferred by the legislature on this Court cannot be put in a straitjacket formula but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from justice, apprehension of tempering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society. 7. Heard learned counsel for the applicant, learned counsel for the informant and learned AGA. Applicant is named in the FIR and it is not a case of false implication. Medical examination report is supported the prosecution story. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant in the aforesaid case. 8. Accordingly, the anticipatory bail application of the applicant- Chhatar Singh, involved in aforesaid case crime is, hereby, rejected. Order Date :- 3.3.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad