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2025 DAILYLAW 42795 (ALL)

SANDEEP BHARTIYA v. STATE OF U.P. AND ANOTHER

NABAIL/2944/2025 · 2025-05-04

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70956 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2944 of 2025 Applicant :- Sandeep Bhartiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Bans Singh,Jash Ram,Nand Shyam Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant as well as Sri Anupam Anand, learned brief holder for the State, and perused the material placed on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 04 of 2025, under Sections 191(1), 191(3), 190, 115(2), 109(1), 352, 351(3), 333 B.N.S., Police Station Jhunsi, District Prayagraj. 4. 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 the applicant along with five named accused and 15-20 unknown persons are alleged to have caused injuries by fire arm, lathi, danda and iron rod to four persons. As per the medical report of the injured persons, the injuries received by them were simple in nature. No fire arm injury was found on the body of any of the injured. A vague role has been assigned to the applicant. The nature of injuries shows that there was no intent to murder. At this stage there is no credible evidence against the applicant. The co-accused Rajesh Kumar has been granted anticipatory bail till submission of police report by this Court vide order dated 19.03.2025 passed in Criminal Misc. Anticipatory Bail Application No. 2179 of 2025. 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. 5. Learned brief holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular of the fact, that as per the medical report of the injured persons, the injuries received by them were simple in nature, no fire arm injury was found on the body of any of the injured person, a vague role has been assigned to the applicant, at this stage there is no substantive evidence against the applicant, co-accused Rajesh 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. 8. In the event of arrest, the applicant- Sandeep Bhartiya be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, 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 him 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. 9. 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. 10. 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. 11. 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. 12. The application stands disposed of. Order Date :- 5.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad