JAMAL AND ANOTHER v. STATE OF UTTAR PRADESH THROUGH PRINCIPAL SECRETARY HOME, LUCKNOW
NABAIL/1545/2025 · 2025-05-14
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22419 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22419 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:80463 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1545 of 2025 Applicant :- Jamal And Another Opposite Party :- State Of Uttar Pradesh Through Principal Secretary Home, Lucknow Counsel for Applicant :- Adarsh Srivastava,Reena Pal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants as well as Sri Nagendra Mishra, learned A.G.A. for the State and perused the material placed on record. 2. This application under section 482 B.N.S.S. has been filed seeking anticipatory bail in Case Crime No.1116 of 2016, under sections 147, 148, 323, 307 and 336 I.P.C., and under Section 7 of Criminal Law Amendment Act, P.S. Kotwali Dehat, District Bulandshahar. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report two groups were fighting amongst themselves. In the first information report 41 persons including the applicants are nominated. In the alleged incident six persons received injuries. The injuries sustained by the injured were found simple in nature. Vague and general allegations have been levelled against the applicants. Investigation has been completed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned Court. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. 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 applicants, considering the nature of accusations and antecedents of the applicants and the fact that in the alleged incident six persons received injuries, the injuries were found simple in nature, vague and general allegations have been levelled against the applicants, at this stage there is no
substantive evidence to link the applicant with the offence, the fact that the applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6.
6. In the event of arrest, the applicants Jamal and Mataloob, 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 applicants shall make their available on each and every date fixed in the matter 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 from disclosing such facts to the Court; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by their 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 :- 15.5.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad