Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 37711 (ALL)

BABLU AND 3 OTHERS v. STATE OF U.P.

NABAIL/2785/2025 · 2025-05-20

Gautam Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:85931 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2785 of 2025 Applicant :- Bablu And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Amit Kumar Gaur,Karmendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. The present application has been moved seeking anticipatory bail in Case Crime no. 399 of 2024, under Sections 191(2), 125, 115(2), 352, 351(3), 109 of B.N.S., Police Station Jewar, District Gautambuddh Nagar, with the prayer that in the event of arrest, applicant may be released on anticipatory bail. 3. Learned counsel for the applicants submits that applicants are named in the F.I.R. along with four other accused persons. As per the allegations made in the F.I.R., two groups were fighting themselves. In the alleged incident the injuries received by the injured persons were found simple in nature. There is no credible evidence against the applicants. Three other accused who were also named in the F.I.R., have already been granted anticipatory bail. The case of applicants is similar to that of the accused as general allegations have been made, therefore, applicants may also be granted anticipatory bail. It is further submitted that there is apprehension that applicants may be arrested in the above- mentioned case. It has further been submitted that applicant has no criminal antecedents and that no coercive process has been issued against the applicant so far. It was also submitted that applicants undertake to cooperate during investigation and trial and they would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicants are granted anticipatory bail, they shall not misuse the liberty of bail and will cooperate with the investigation and would obey all conditions of bail. 4. Learned A.G.A. has opposed the application for anticipatory bail. However, it could not be disputed that similarly placed three other co-accused have already been granted anticipatory bail by this Court. 5. It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration. 6. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out. 7. The anticipatory bail application is allowed. 8. In the event of arrest of the applicant-Bablu, Vivek Chaudhary, Umesh and Ashok Kumar, involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on their furnishing a personal bond of Rs. 50,000/- each 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 himself 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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) the applicants would co-operate during investigation and trial and would not misuse the liberty of bail. 9. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. Order Date :- 21.5.2025 Mustaqeem. Digitally signed by :- MOHD MUSTAQEEM KHAN High Court of Judicature at Allahabad