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2025 DAILYLAW 40258 (ALL)

AWAIZ ULLAH ALIAS SAJJU v. STATE OF U.P. AND ANOTHER

NABAIL/2798/2025 · 2025-04-24

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63602 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2798 of 2025 Applicant :- Awaiz Ullah Alias Sajju Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Monis,Tahmina Begum Counsel for Opposite Party :- G.A.,Yogendra Pratap Singh Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri Yogendra Pratap Singh, counsel for the opposite party no. 2/ informant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 47 of 2025, under Sections 191, 308(4), 109, 115(2), 351(3), 324(2), 352 of B.N.S., Police Station- Saini, District- Kaushambi. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed by the informant/injured after almost one month of the alleged incident. As per the medical report, the informant sustained seven injuries. The said injuries were found simple in nature except injury no. 4 which was referred for x-ray examination. As per the x-ray report, no bony injury was seen. The nature of injury shows that there was no intent to murder. The applicant had not demanded any money from the informant. There are no allegations in the first information report nor in the statement of the informant recorded under Section 180 B.N.S.S. regarding delivery of any property, valuable security or anything signed or sealed which may be converted into a valuable security. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. and counsel for the opposite party no. 2 have 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 applicant, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report, the fact that the name of the applicant was disclosed by the informant/injured after almost one month of the alleged incident, the fact that the injuries sustained by the injured were found simple in nature, the fact that there are no allegations in the first information report nor in the statement of the informant recorded under Section 180 B.N.S.S. regarding delivery of any property, valuable security or anything signed or sealed which may be converted into a valuable security, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Awaiz Ullah Alias Sajju, 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 applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall at the time of execution of bond shall furnish his address and mobile number to the court concerned. (vii) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 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 :- 25.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad