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Neutral Citation No. - 2025:AHC:61340 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3069 of 2025 Applicant :- Rajan @ Gotta (Minor) Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri Dinesh Tripathi, 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. 211 of 2024, under Sections 191(2), 191(3), 190, 132, 121(2), 352, 351(2), 109 B.N.S. and 7 Criminal Law Amendment Act, Police Station Anpara, District Sonbhadra. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, seven accused including the applicant and some unknown persons are alleged to have assaulted the informant- Sachchidanand Das and one Anil Kumar. As per the medical report of the informant, no sign of injury was seen on his external examination. As per the medical report of Anil Kumar, he received six injuries. All the injuries were found simple in nature except injury no. 4, which was referred for X-ray examination. As per the supplementary medical report, fracture was found on the ulna region. It is contended that vague and general role has been assigned to the applicant. The nature of injuries shows that there was no intent to kill. Identically placed co-accused Surendra Bharti @ Surendra Kumar has been granted anticipatory bail till submission of police report by this Court vide order dated 24.03.2025 passed in Criminal Misc. Anticipatory Bail Application No.2096 of 2025. The applicant claims parity. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions
from the record. 5. Learned counsel for the applicant 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 applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that as per the medical report of the informant, no sign of injury was seen on his external examination, whereas as per the medical report of Anil Kumar, he received simple injuries, except injury no. 4 which was found fracture on the ulna region; vague and general role has been assigned to the applicant and co-accused Surendra Bharti @ Surendra Kumar has been granted anticipatory bail till submission of police report by this Court, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Rajan @ Gotta (Minor) be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., 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 applicant shall make himself available for interrogation by a police officer as and when required; (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 from disclosing such facts to the Court or to any police officer; (iii) The applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him 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 applicant.
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 applicant.
10. The applicant is 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 :- 23.4.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad