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2025 DAILYLAW 20795 (ALL)

RAMKHILADI v. STATE OF U.P.

NABAIL/1378/2025 · 2025-04-07

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51073 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1378 of 2025 Applicant :- Ramkhiladi Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Session in Case Crime No. 203 of 2024, under sections 191(2), 109(1), 352, 351(2), 118 (1), 121(1), 121(2), 132, 324 (4) and 126(2) Bhartiya Nyaya Sanhita, 2023, Police Station- Junawai, District- Sambhal. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the instant case. As per allegations in the first information report, 13 accused, including the applicant are alleged to have assaulted the police personnels. As per medical report, the injuries sustained by the police personnels were found simple in nature. Vague and general allegations have been levelled against the applicant. Nature of injuries shows that there was no intent to kill. Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been submitted. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the injuries sustained by the police personnels were found simple in nature, vague and general allegations have been levelled against the applicant, the applicant had cooperated in the investigation, charge-sheet has been filed, 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. 6. In the event of arrest, the applicant Ramkhiladi, 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. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 8.4.2025 SFH Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad