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Neutral Citation No. - 2025:AHC:45700 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1225 of 2025 Applicant :- Sunil And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants and Sri Anupam Anand, learned Brief Holder for the State. Perused the material available on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No.269 of 2024, under Sections 341, 307, 504 I.P.C., Police Station Amroha Dehat, District J.P. Nagar (Amroha). 3. Counsel for the applicants submits that as per the allegations in the first information report the applicant along with another co- accused have assaulted the injured, as a result of the same, the injured sustained injuries. The applicant Sunil is alleged to have been carrying sharp edged weapon and applicant Surendra is alleged to have been carrying firearm. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. He has drawn attention of this Court to the injury report which is at page 25 of the paper book in which the injured was alleged to have suffered 8 injuries out of which injury nos.3, 4, 6 and 8 were found simple in nature. So far as injury no.1 was concerned it was an incised wound bone deep. As per the supplementary report, injury nos.1, 2, 5 and 7 were found simple in nature. The nature of the injuries shows that there was no intent on the part of the applicants to murder the injured persons. No offence under Section 307 I.P.C. can be said to be made out. Further during the course of investigation the applicants were granted anticipatory bail till submission of police report by this Court vide order dated 8.8.2024 passed in Criminal Misc. Bail Application No. 6991 of 2024 (Sunil And 2 others vs. State of U.P.). The charge-sheet has been submitted against the applicants. The applicants had cooperated in the investigation. The applicants have been summoned by the
concerned court. No custodial interrogation is required. The criminal history of the applicants has been explained in para 3 and 4 of the supplementary affidavit. The applicants have apprehension of their arrest. 6.
Learned Brief Holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid
submissions from the record.
7. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants and in particular the fact that the nature of the injuries shows that there was no intent on the part of the applicants to murder the injured persons, the fact that the applicants had co-operated in the investigation and no custodial interrogation is required, the fact that no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed by the learned AGA, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.
8. In the event of arrest, the applicants- Sunil and Surendra, 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 applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (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 concerned court.
9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
10. The application stands disposed of.
Order Date :- 2.4.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad