BOBY PAL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NABAIL/8129/2025 · 2025-10-06
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DailyLaw.ai
[ 2025 DAILYLAW 192317 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 192317 (ALL) · dailylaw.ai ]
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. - 8129 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Heard Sri Mohd. Arshad, learned counsel for the applicants, Sri Yogendra Singh, 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. 400 of 2024, under Sections 191(2), 115(2), 117(2) 118(1) B.N.S., Police Station Tronika City, District Ghaziabad with the prayer that in the event of arrest, applicants may be released on bail. 3. It is contended by the learned counsel for the applicants that applicants are innocent and they have an apprehension that they may be arrested in the above-mentioned case. It is further contended by the learned counsel for the applicants that applicants have been falsely implicated in the present case. It is next contended that as per first information report six persons are said to have assaulted the informant side, in which three persons have received injuries. He submitted that none of the injuries of injured persons are dangerous to the life. He next submitted that the applicants have no criminal history. He further submits that no offence is made out against the Versus Counsel for Applicant(s) : Mohd. Arshad Counsel for Opposite Party(s) : G.A. Boby Pal And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
applicants as per first information report. It is also submitted that applicants undertake to cooperate during trial and they would appear as and when required by the investigating agency or Court. It is lastly submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and they will cooperate with the investigation and would obey all conditions of bail. 4. On the other hand, learned A.G.A. has opposed the prayer for grant of anticipatory bail, and he also submitted that one of the injured has suffered fracture on his left finger. 5. As per first information report six accused persons including the applicants are said to have assaulted informant side, in which three persons are said to have received injuries from the informant side and out of which one of the injured person has suffered fracture on his left finger. None of the injuries of the injured persons are dangerous to the life and the applicants have no criminal history.
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, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must also evaluate the entire available material against the accused carefully and 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 learned counsel for the parties, nature of accusation, role of applicant 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. NABAIL No. 8129 of 2025 2
9. In the event of arrest of the applicants- Boby Pal, Sanny Pal, Rahul Pal and Mohit Pal involved in the aforesaid case crime, they 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 cooperate during trial and would not misuse the liberty of bail. (iv) The applicants shall not leave India without prior permission of the 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 herein.
October 7, 2025 Neetu NABAIL No. 8129 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- NEETU SINGH High Court of Judicature at Allahabad