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2025 DAILYLAW 172004 (ALL)

DHANANJAY KUMAR SINGH v. STATE OF U.P. AND ANOTHER

NABAIL/6933/2025 · 2025-10-26

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6933 of 2025 Court No. - 64 HON'BLE VIVEK VARMA, J. 1. Sri Damodar Pandey, Advocate has filed Vakalatnama on behalf of the informant. The same is taken on record. 2. Heard Ms. Neetu Pal, Advocate, holding brief of Sri Gaurav Kumar Singh, counsel for the applicant; Sri Damodar Pandey, counsel for the informant and Sri V.P. Tripathi, learned A.G.A. for the State. Perused the material available on record. 3. This application under Section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 284 of 2024, under Sections 191(2), 191(3), 115, 352, 351(2), 109, 117(2) B.N.S., Police Station Vishunpura, District Kushinagar. 4. 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, seven accused persons including the applicant and some unknown persons are alleged to have assaulted Amit Madheshiya (informant) and his brother Rajesh Madheshiya. As per the medical report, injured Amit Madheshiya received 8 injuries. As per the supplementary medical report, Amit Madheshiya received a fracture on his left fibula, whereas other injuries were found simple in nature. The other injured Rajesh Madheshiya sustained injury on his head. In the statement of both the injured persons, a vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused the head injury on Rajesh Madheshiya and fracture on left fibula of Amit Versus Counsel for Applicant(s) : Gaurav Kumar Singh Counsel for Opposite Party(s) : G.A. Dhananjay Kumar Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Madheshiya. Further, investigation has been completed. During the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 06.09.2024 passed in Criminal Misc. Anticipatory Bail Application No.8423 of 2024. The applicant had co- operated in the investigation. Charge-sheet has been filed. The applicant has been summoned by the concerned Court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that in the statement of both the injured persons, a vague and general role has been assigned to the applicant; during the course of investigation, the applicant was granted anticipatory bail till submission of police report; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 7. In the event of arrest, the applicant Dhananjay Kumar Singh, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (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 concerned court. NABAIL No. 6933 of 2025 2 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. October 27, 2025 Manish Kr NABAIL No. 6933 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad