Neutral Citation No. - 2025:AHC:112894 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2481 of 2025 Applicant :- Nauraj Malik Opposite Party :- State of U.P. Counsel for Applicant :- Dibyanshu Kushwaha,Namman Raj Vanshi Counsel for Opposite Party :- G.A.,Rudra Kant Mishra Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant as well as Sri Nagendra Mishra, learned brief holder for the State and Sri Rudra Kant Mishra, counsel for the informant. Perused the material placed on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.421 of 2024, under sections 126(2), 190, 191(2), 191(3), 115(2), 352, 351(2), 109, 316(2), 318(4) B.N.S., P.S. T.P. Nagar, District Meerut. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 30.10.2024. The first information report was lodged on 5.11.2024. The delay is fatal to the prosecution case. There is no CCTV footage of the alleged incident. No amount as alleged has been received by the applicant. The applicant is not the beneficiary of any illicit transaction. The role of firing has been assigned to co-accused Abhinav @ Chaudhary Abhinav Malik and Shiva. In the alleged incident, no person has received any injury. The description/details of the said property has neither been stated in the first information report nor in the statement of the informant to the police. Further, the co-accused Abhinav @ Chaudhary Abhinav Malik and Shiva have been granted anticipatory bail by this Court vide order dated 17.3.2025 passed in Criminal Misc. Anticipatory Bail Application No. 846 of 2025. At this stage, there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in para 39 of the bail application. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned brief holder for the State and counsel for the informant have opposed the prayer for anticipatory bail. Learned brief holder does not dispute that the case diary does not contain any CCTV footage of the alleged incident. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, and the fact that the delay in lodging the first information report is fatal to the prosecution case, there is no CCTV footage of the alleged incident, the role of firing has been assigned to co-accused Abhinav @ Chaudhary Abhinav Malik and Shiva, in the alleged incident, no person has received any injury, the co-accused Abhinav @ Chaudhary Abhinav Malik and Shiva have been granted anticipatory bail by this Court, at this stage, there is no substantive evidence to link the applicant with the offence.without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant Nauraj Malik be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193(3) B.N.S.S., on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. Order Date :- 14.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad