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2025 DAILYLAW 21160 (ALL)

GAURAV PAL ALIAS GOLU v. STATE OF U.P.

NABAIL/1557/2025 · 2025-03-16

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37621 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1557 of 2025 Applicant :- Gaurav Pal Alias Golu Opposite Party :- State of U.P. Counsel for Applicant :- Ashutosh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary medical report of two injured produced by learned A.G.A. is taken on record. 2. Heard counsel for the applicant, Sri Rupak Chaubey, learned A.G.A. for the State and perused the material placed on record. 3. This application under Section 482 of B.N.S.S. has been filed seeking anticipatory bail in Case Crime No. 356 of 2024, under Sections 191(2), 191(3), 190 126(2) and 109 B.N.S., Police Station Pakbara, District Moradabad. 4. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant surfaced during the course of investigation. As per the medical report as well as supplementary medical report, the injured Mohit Yadav received a chip fracture on his left palm, whereas injured Utkarsh Chaudhary received injuries which were found simple in nature. A vague and general role has been assigned to the applicant. At this stage, there is no credible evidence to establish that the applicant had any intent to murder the injured persons. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report. A vague and general role has been assigned to the applicant. At this stage, there is no credible evidence to establish that the applicant had any intent to murder the injured persons. Without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicant- Gaurav Pal Alias Golu be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 Police Commissioner concerned. 9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 10. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 11. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 12. The application stands disposed of. Order Date :- 17.3.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad