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Neutral Citation No. - 2025:AHC:44486 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2286 of 2025 Applicant :- Aman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Kumar Mishra,Sandeep Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 347 of 2019, under Sections 147, 148, 323, 325, 307, 427, 506 IPC, Police Station Loni, District Ghaziabad. 4. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. As per the allegations in the first information report, the applicant along with five named accused and some unknown persons are alleged to have fired and caused injury to Indrapal Singh. As per the medical report of injured Indrapal Singh, there was a complaint of pain on the right side of his chest. No injury was found on his body. Further, during the course of investigation, the applicant was granted anticipatory bail by this Court till submission of police report vide order dated 22.07.2019 passed in Criminal Misc. Bail Application No. 29054 of 2019 (Aman Khan Vs. State of U.P.). Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. Criminal history of the applicant has been explained in para 4 of the supplementary affidavit. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail till conclusion of trial, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but
could not satisfactorily dispute the aforesaid submissions from the record. 6.
Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular of the fact, that as per the medical report of injured Indrapal Singh, there was a complaint of pain on the right side of his chest, no injury was found on his body, the medical report does not support the prosecution version, during the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court, charge sheet has been submitted, the applicant had co-operated in the investigation, 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. 7. In the event of arrest, the applicant Aman, 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.
8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
9. The application stands disposed of.
Order Date :- 1.4.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad