MANGAL YADAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NABAIL/2818/2025 · 2025-05-20
Gautam Chowdhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38509 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38509 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:85926 Court No. - 86 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2818 of 2025 Applicant :- Mangal Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pooja Counsel for Opposite Party :- G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard Ms. Pooja, 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. 448 of 2024, under Sections 303(2), 351(2), 352 of B.N.S., Police Station Cantt., District Varanasi, with the prayer that in the event of arrest, applicants may be released on anticipatory bail.
3. It has been argued by the learned counsel for the applicant that applicants are innocent and there is apprehension that they may be arrested in the above-mentioned case, whereas there is no credible evidence against them. It has further been submitted that applicants have no criminal antecedents and that no coercive process has been issued against the applicants 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, 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 and submitted that there is criminal history of one case against the applicant-Mangal Yadav.
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 applicants- Mangal Yadav, Anamika Yadav and Savitri Devi, 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 cooperate 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