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Neutral Citation No. - 2025:AHC:38128 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2133 of 2025 Applicant :- Abhishek And Another Opposite Party :- State of U.P. Counsel for Applicant :- Mahesh Chandra Maurya,Santosh Kr. Singh Paliwal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 17 of 2025, under sections 191(2), 191(3), 190, 115(2), 352, 109(1) BNS, and Section 7 Criminal Law Amendment Act, Police Station Kithaur, District- Meerut. 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, six accused including the applicants and some unknown persons are alleged to have fired and assaulted four persons. In the alleged incident, the injuries sustained by the injured persons were found simple in nature. No fire arm injury was found on the body of any of the injured. A vague and general role has been assigned to the applicants. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of the police report. 6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants, in the alleged incident, the injuries sustained by the injured persons were found simple in nature, no
fire arm injury was found on the body of any of the injured, a vague and general role has been assigned to the applicants, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7.
7. In the event of arrest, the applicants Abhishek and Manish be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, 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 applicants shall make themselves available for interrogation by a police officer as and when required; (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 them from disclosing such facts to the Court or to any police officer; (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 them before the S.S.P./S.P. concerned.
8. 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 applicants.
9. 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 applicants.
10. The applicants are 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.
11. The anticipatory stands disposed of.
Order Date :- 18.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad