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Neutral Citation No. - 2025:AHC:17858 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 964 of 2025 Applicant :- Hariom Opposite Party :- State of U.P. Counsel for Applicant :- Mashaluddin Shah Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 24 of 2023, under Sections 323, 504, 506, 308, 324 of I.P.C., Police Station - Iradat Nagar, District- Agra. 3. 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, four persons including the applicant are alleged to have assaulted the informant. As per the medical report, the informant-injured received a grievous injury on his head, whereas, the other injuries were found simple in nature. In the statement of the injured, specific role of causing injury has been assigned to the co-accused, Galo Devi. Identically placed co- accused Rakesh Sharma has been granted anticipatory bail till conclusion of trial by this Court vide order dated 05.08.2024 passed in Criminal Misc. Anticipatory Bail Application No. 5301 of 2024 (Rakesh Sharma Vs. State of U.P. and another). The investigation has been completed and charge-sheet has been submitted. No custodial interrogation is required. The applicant has no criminal antecedents. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that in the statement of the informant-
injured, specific role of causing injury on his head has been assigned to the co-accused, Galo Devi, a vague role has been assigned to the applicant, identically placed co-accused Rakesh Sharma has been granted anticipatory bail till conclusion of trial by this Court, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.
6. In the event of arrest, the applicant Hariom, 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.
7. In case, the applicant does not co-operate in the proceedings of the trial, this order shall stand automatically recalled/vacated and the applicant shall be taken into custody, forthwith.
8. Further, 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.
Order Date :- 7.2.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad