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2025 DAILYLAW 34482 (ALL)

AJAY KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/2850/2025 · 2025-05-20

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85535 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2850 of 2025 Applicant :- Ajay Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijai Shanker Tripathi,Vinod Shankar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 533 of 2023, under Sections 147, 148, 323, 326, 307 I.P.C., Police Station Soraon, District Prayagraj. 3. Learned 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 along with two accused are alleged to have assaulted the husband of the informant. The incident was alleged to have occurred on 22.09.2023. The first information report was lodged on 23.09.2023. The injured was examined at S.R.N. Hospital, Prayagraj on 22.09.2023. As per the X-ray report dated 22.09.2023 and NCCT head, no fracture was seen. The injured was further examined at CHC, Soraon, Prayagraj on 06.11.2023. As per the medical report, the injuries sustained by the injured were simple in nature. It is contended that the nature of the injuries shows that there was no intent to murder. A vague and general role has been assigned to the applicant. 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 Paragraphs- 18 and 20 of the affidavit. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicants 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 by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that as per the medical report, the injuries sustained by the injured were simple in nature; the nature of the injuries shows that there was no intent to murder; a vague and general role has been assigned to the applicant; and, at this stage there is no credible evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants- Ajay Kumar, Abhay Kumar and Karan @ Raja Babu be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., 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 applicants shall make themselves available for interrogation by a police officer as and when required; (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 or to any police officer; (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 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 applicants. 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 applicants. 10. The applicants are 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 :- 21.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad