Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 191695 (ALL)

BRIJJIVAN SINGH PATEL AND 2 OTHERS v. STATE OF U.P.

NABAIL/8114/2025 · 2025-10-13

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8114 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Heard Shri Dev Prakash Singh, learned counsel for the applicants, Shri Ashish Kumar Tripathi, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no.62 of 2025, under Sections 191(2), 115(2), 351(2), 352, 110, 117(2) of BNS, Police Station Pahadi, District Chitrakoot, with the prayer that in the event of arrest, applicant may be released on bail. 3. It has been argued by the learned counsel for the applicants that initially the first information report was lodged under Sections 191(2), 115(2), 351(2), 352 of BNS and later on Section 110 of BNS was also added. It is further submitted that there is a cross case to the present case also and the applicants side also received injuries. It is further submitted that none of the injuries are received by the injured are dangerous to life and the applicants are having no criminal history. It is also submitted that the charge sheet in this case has already been submitted. It was also submitted that applicants undertake to co-operate during trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the application for anticipatory bail and submitted that the applicants made active role in causing injuries to the injured. Versus Counsel for Applicant(s) : Dev Prakash Singh Counsel for Opposite Party(s) : G.A. Brijjivan Singh Patel And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) 5. As per first information report, the applicants along with two other co- accused persons have assaulted the first informant side, as a result of which, three persons have received injuries but none of the injuries received by the injured are dangerous to life and the applicants are having no criminal history. It is also submitted that the charge sheet in this case has already been submitted. 6. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 7. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, role of applicants and all attending facts and circumstances of the case, without expressing any opinion on merits, a case for anticipatory bail is made out. 8. The anticipatory bail application is allowed. 9. In the event of arrest of the applicants- Brijjivan Singh Patel, Rinku Singh Patel and Bhanu Pratap Patel, involved in the aforesaid case crime shall be released on anticipatory bail on their 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 not tamper with evidence and that they would appear before the trial Court on the date fixed unless exempted 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicants would co-operate during trial and would not misuse the liberty of bail. (iv) The applicants shall not leave India without prior permission of the NABAIL No. 8114 of 2025 2 Court concerned. 10. In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicants. October 14, 2025 RKM NABAIL No. 8114 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad