GOVIND SHARMA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/3974/2025 · 2025-07-16
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31110 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31110 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:116034 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3974 of 2025 Applicant :- Govind Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nishi Sengar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit, filed by the counsel for the applicants, is taken on record. 2. Heard Sri Alok Kumar Sharma, counsel for the applicants as well as Sri P.K. Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.474 of 2022, under section 147, 323, 504, 506, 326 I.P.C., P.S. Gandhi Park, District Aligarh. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report the incident is alleged to have occurred on 27.7.2022 at 8 p.m. The first information report was lodged on the same day at 19.14 hours. In the statement of the informant to the police the incident is alleged to have occurred on 22.7.2022 at 8 p.m. The medical report shows that the injured was examined on 21.7.2022 at 11.25 p.m. It is contended that the injuries sustained by the injured cannot be attributed to the present incident. At this stage, there is no credible evidence to link the applicant with the offence. Further, during the course of investigation the applicants were granted protection till submission of police report by this court vide order dated 11.12.2023 passed in Criminal Misc. Writ Petition No. 18479 of 2023 (Govinda and another vs. State of U.P. and 2 others). 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. 5. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6.
Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that as per the first information report the incident is alleged to have occurred on 27.7.2022 at 8 p.m., the first information report was lodged on the same day at 19.14 hours, in the statement of the informant to the police, the incident is alleged to have occurred on 22.7.2022 at 8 p.m., the medical report shows that the injured was examined on 21.7.2022 at 11.25 p.m., at this stage there is no substantive evidence to link the applicant with the offence, during the course of investigation the applicants were granted protection till submission of police report by this court, 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. 7. In the event of arrest, the applicants Govind Sharma, Kuwarpal Singh, 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 themselves 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 them 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 :- 17.7.2025/S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad