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2025 DAILYLAW 32941 (ALL)

VIJAY PRAKASH PANDEY AND 2 OTHERS v. STATE OF U.P.

NABAIL/2326/2025 · 2025-04-09

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52839 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2326 of 2025 Applicant :- Vijay Prakash Pandey And 2 Others Opposite Party :- State of U.P. Counsel for Applicant :- Surendra Mohan Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, 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 Case Crime No. 77 of 2024, under sections 323, 325, 504, 506, 452, 307 of I.P.C., Police Station Khesraha, District- Siddharth Nagar. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report, the applicants are alleged to have assaulted the informant. As per the medical report, the injured sustained four injuries. The injuries sustained by the injured were found simple in nature except the injury no. 2. The injury no. 2 was referred for x-ray examination. As per the supplementary medical report, the injured received a fracture on the left little finger. It is contended that the nature of injuries shows that there was no intent to murder the injured person. Further, during the pendency of the investigation, the applicants were granted interim protection by this Court vide order dated 30.05.2024 passed in Criminal Misc. Writ Petition No. 9251 of 2024 (Vijay Prakash Pandey and 2 others vs. State of U.P. and 3 others). Investigation has been completed. The applicants had cooperated in the investigation. Charge-sheet has been filed. 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 released on anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. has 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 applicants, considering the nature of accusations, antecedents of the applicants and the fact that the nature of injuries shows that there was no intent to murder the injured person, at this stage, there is no substantive evidence against the applicants, the fact that during the pendency of the investigation, the applicants were granted interim protection by this Court, charge-sheet has been filed, 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. 6. In the event of arrest, the applicants Vijay Prakash Pandey, Ishwar Pandey and Ramkawal Pandey, 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. 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 :- 10.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad