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2025 DAILYLAW 30149 (ALL)

SATPAL ALIAS SATTA v. STATE OF U.P.

NABAIL/2205/2025 · 2025-03-19

Vivek Varma

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:40131 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2205 of 2025 Applicant :- Satpal Alias Satta Opposite Party :- State of U.P. Counsel for Applicant :- Anil Kumar Mishra 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. 164 of 2023, under sections 323, 326 of I.P.C., Police Station Nangal, District- Saharanpur, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the alleged incident, the injuries sustained by the injured were not found grievous in nature. No x-ray report of the injured is available on the case diary. During the course of investigation, the applicant was granted anticipatory bail by Sessions Judge, Saharanpur vide order dated 21.07.2023 passed in Anticipatory Bail Application No. 3199 of 2023 (Satpal @ Satta vs. State of U.P.). Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. 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 case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. and counsel for the informant have 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 injured were not found grievous in nature, no x-ray report of the injured is available on the case diary, during the course of investigation, the applicant was granted anticipatory bail by Sessions Judge, Saharanpur. Charge-sheet has been filed. The applicant 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 applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Satpal Alias Satta, 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 :- 20.3.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad