VINOD KUMAR @ BONA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NABAIL/2491/2025 · 2025-04-10
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35110 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35110 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:53977 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2491 of 2025 Applicant :- Vinod Kumar @ Bona And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Pandey,Durgvijay Singh,Nasir Hussain Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicants, Sri V. P. Tripathi, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 45 of 2024, under Section 308 I.P.C., Police Station Chilkana, District- Saharanpur, during the pendency of trial. 3. Counsel for the applicants contends that during the course of investigation the applicants were earlier granted bail by the Judicial Magistrate-II, Saharanpur under Sections 323, 504, 506, 427 I.P.C. vide order dated 13.03.2024. After investigation Section 308 I.P.C. has been added. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the medical report, the informant/injured sustained two injuries. Injury no.1 was found simple in nature. Injury no.2 was fracture of lower part of ulna bone. It is contended that injury no.2 was although grievous in nature but not dangerous to life. The case of the applicants would not travel beyond Section 325 I.P.C. Investigation has been completed. Charge-sheet has been filed. 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 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 counsel for the
applicants, considering the nature of accusations, antecedents of the applicants, and the fact that during the course of investigation the applicants were earlier granted bail by the Judicial Magistrate- II, Saharanpur under Sections 323, 504, 506, 427 I.P.C., after investigation Section 308 I.P.C. was added, as per the medical report, the informant/injured sustained two injuries, injury no.1 was found simple in nature, injury no.2 was fracture of lower part of ulna bone, injury no.2 was although grievous in nature but not dangerous to life, 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 Vinod Kumar @ Bona, Jogendra and Jasbir, 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 passports 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 :- 11.4.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad