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2025 DAILYLAW 19704 (ALL)

SACHIN SRIVASTAVA ALIAS ANURAG SRIVASTAVA v. STATE OF U.P.

NABAIL/1597/2025 · 2025-07-21

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:119556 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1597 of 2025 Applicant :- Sachin Srivastava Alias Anurag Srivastava Opposite Party :- State of U.P. Counsel for Applicant :- Lallan Prasad Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 85 of 2013, under Sections 147, 148, 323, 307, 332, 353, 504, 506, 427, 341, 336, 120-B I.P.C. and Section 7 of C.L.A. Act, Police Station -Sarai Mamrej, District- Prayagraj, during the pendency of trial. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, 27 named accused including the applicant and 200 unknown persons are alleged to have abused, threatened and pelted stones at the vehicle of the police personnel. In the alleged incident three police personnel received injuries. The injuries were found simple in nature. A vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused injuries to the three injured. It is next contended that the applicant came to know about the pending proceedings in the month of December, 2024. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that the injuries sustained by the three police personnel were simple in nature; a vague and general role has been assigned to the applicant; the applicant has not been nominated as the principal offender, who caused injuries to the three injured; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court; no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Sachin Srivastava Alias Anurag Srivastava, 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. 8. 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 :- 22.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad