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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 8121 of 2025 Court No. - 72 HON'BLE JITENDRA KUMAR SINHA, J.
1. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. 2. Heard Sri Alok Mishra, learned counsel for the applicant and Sri B.P. Singh, 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. 422 of 2013 under Sections 333, 308, 307, 286 IPC, Police Station Georgetown, District Prayagraj with the prayer that in the event of arrest, the applicant may be released on bail. 4. It has been contended by learned counsel for the applicant that allegation against the applicant is that he opened fire on the fist informant as as result of which, he received injuries on his right arm below the right shoulder. It is further submitted that chargesheet has been submitted in the year 2017 but cognizance was taken in the year 2024 and summons were served on June, 2025. It has been submitted that entire ordersheet of the trial court has been filed along with the supplementary affidavit. It is further submitted that there is no criminal history of the applicant. It was also submitted that applicant undertakes to co-operate during trial and he would appear as and when required by the investigating agency or Court and in case he is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail. Versus Counsel for Applicant(s) : Alok Mishra, Binod Kumar Mishra Counsel for Opposite Party(s) : G.A. Prashant Singh .....Applicant(s) State of U.P. .....Opposite Party(s)
5. On the other hand, learned A.G.A. has opposed the prayer for grant of anticipatory bail and submits that specific role of assault by fire arm is assigned to the applicant and the first informant has received injury on his right arm. 6. I have considered the rival submissions made by learned counsel for the parties. 7. As per the FIR, the applicant is said to have opened fire on the first informant as a result of which, he received injury on his right arm which is not a vital part. Chargesheet has already been filed and cognizance was taken in the year 2024 and summons were served upon the applicant in June, 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, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration. 9. 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. 10. The anticipatory bail application is allowed. 11. In the event of arrest of the applicant Prashant Singh involved in the aforesaid case crime, he shall be released on anticipatory bail on his 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 not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court NABAIL No. 8121 of 2025 2
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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) The applicant would co-operate during trial and would not misuse the liberty of bail. (iv) The applicant 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 applicant.
October 15, 2025 Madhurima NABAIL No. 8121 of 2025 3 (Jitendra Kumar Sinha,J.) Digitally signed by :- MADHURIMA GARG High Court of Judicature at Allahabad