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2025 DAILYLAW 31175 (ALL)

OMVEER YADAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/2393/2025 · 2025-04-14

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54743 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2393 of 2025 Applicant :- Omveer Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prayogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of statement of Dr. Sanjay Singh, produced by learned AGA, is taken on record. 2. Supplementary affidavit filed by the counsel for the applicants, is also taken on record. 3. Heard learned counsel for the applicanta and Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 4. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 262 of 2024, under Sections 118(1), 131, 351(3) BNS, Police Station Weave City, District Ghaziabad. 5. Counsel for the applicants contends that the applicants have been falsely implicated in the instant case. As per the statement of doctor, the injury sustained by the injured person was found simple in nature. At this stage, there is no credible evidence to link applicants with the offence. During investigation, the applicants were granted benefit of Section 35 BNSS. Investigation has been completed. Charge sheet has been submitted. The applicants had co-operated in the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are released on anticipatory bail till conclusion of trial, they will not misuse the said liberty. 6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants, in particular the fact, that the injury sustained by the injured person was found simple in nature, during investigation the applicants were granted benefit of Section 35 BNSS, at this stage, there is no substantive evidence to link the applicants with the offence, charge sheet has been submitted, the applicants 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 applicants are entitled to be enlarged on anticipatory bail. 8. 8. In the event of arrest, the applicants Omveer Yadav, Jayveer Yadav, Dipanshu Yadav, 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 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. 9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. Order Date :- 15.4.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad