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2025 DAILYLAW 193970 (ALL)

SANUJ PAL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/8141/2025 · 2025-10-13

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8141 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J. 1. Supplementary affidavit filed by the learned counsel for the applicant today is taken on record. 2. Heard Mohd. Arshad, learned counsel for the applicants and Sri Ashish Kumar Tripathi, learned A.G.A. for the State and perused the record. 3. 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. 4. 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. He further submits that no offence is made out against the applicants as general and omnibus allegations have been levelled against them. It is submitted that as per the FIR the applicants along with four co-accused persons are said to have assaulted the first informant side as a result of which three persons received injuries and one of the injuries of the injured suffered fracture on his left finger. It is submitted that the applicant no. 2-Anuj is having criminal history of one case, which has been explained in the supplementary affidavit. It is further submitted that four co-accused persons, namely, Boby Pal, Sanny Pal, Rahul Pal and Mohit Pal have already been granted anticipatory bail by this Court vide order dated 7.10.2025 passed in Criminal Misc. Versus Counsel for Applicant(s) : Mohd. Arshad Counsel for Opposite Party(s) : G.A. Sanuj Pal And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Anticipatory Bail Application u/s 482 BNSS No. 8129 of 2025. 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. 5. On the other hand, learned A.G.A. has opposed the application for anticipatory bail, however, he does not dispute the factual aspect. 6. I have considered the rival submissions made by learned counsel for the parties. 7. As per first information report, the applicant along with four other co- accused persons are said to have assaulted the first informant as a result of which three persons received injuries and one injured suffered fracture on his left finger. The applicant no. 2-Anuj Pal is having criminal history of one case, which has been explained in the supplementary affidavit. four co-accused persons, namely, Boby Pal, Sanny Pal, Rahul Pal and Mohit Pal have already been granted anticipatory bail by this Court vide order dated 7.10.2025 passed in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 8129 of 2025. 8. 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, 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. 9. Considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, 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. 10. The anticipatory bail application is allowed. NABAIL No. 8141 of 2025 2 11. In the event of arrest of the applicants- Sanuj Pal and Anuj 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. 12. 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 14, 2025 Abhishek NABAIL No. 8141 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- ABHISHEK AGRAHARI High Court of Judicature at Allahabad