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2025 DAILYLAW 27249 (ALL)

KITAB SINGH AND 2 OTHERS v. STATE OF U.P.

NABAIL/2287/2025 · 2025-03-23

Deepak Verma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42322 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2287 of 2025 Applicant :- Kitab Singh And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Raghubir Singh Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J. 1. Heard Sri Raghubir Singh, learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The instant anticipatory bail application has been filed on behalf of the applicants with a prayer to release them on bail in Case Crime No. 08 of 2025, under Sections 64(1), 74, 75, 351(2) of BNS, Police Station- Shamsabad, District-Agra, till conclusion of trial. 3. Learned counsel for the applicant submitted that the applicant is innocent and has been falsely implicated in the present case due to ulterior motive. Victim's statement recorded U/s 183 BNSS is not supporting the prosecution case. Victim refused to undergo for medical examination. Present FIR has been lodged with malicious intention only to harass the applicants in the present case. It has been submitted that in case applicants are granted anticipatory bail, they shall not misuse the liberty of bail and would obey all conditions of bail. 4. Learned A.G.A. has vehemently opposed the prayer for bail and has submitted that applicants are named in the FIR. Victims statement recorded U/s 161 Cr.P.C. are supporting the prosecution version, as such, prima facie, offence is made out against the applicants. Hence, the anticipatory bail application of the applicants may be rejected. 5. The object of Anticipatory bail is that a person should not be unnecessarily harassed or humiliated in order to satisfy personal vendetta or grudge of complainant or any other person operating the things directly or from behind the curtains. 6. It is well settled that discretionary power conferred by the legislature on this Court cannot be put in a straitjacket formula but such discretionary power either grant or refusal of anticipatory bail has to be exercised carefully in appropriate cases with circumspection on the basis of the available material after evaluating the facts of the particular case and considering other relevant factors (nature and gravity of accusation, role attributed to accused, conduct of accused, criminal antecedents, possibility of the applicant to flee from justice, apprehension of tempering of the witnesses or threat to the complainant, impact of grant of anticipatory bail in investigation or society etc.) with meticulous precision maintaining balance between the conflicting interest, namely, sanctity of individual liberty and interest of society. 7. Without expressing any opinion on merits of the case and considering the submissions advanced, the nature and gravity of the accusation, I find no good ground for anticipatory bail to the applicant in the aforesaid case. No interference is warranted. 8. Accordingly, the anticipatory bail application of the applicants, namely, Kitab Singh, Dinesh @ Machhi and Chaviram, are rejected. Order Date :- 24.3.2025 Nitin Verma Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad