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2025 DAILYLAW 46189 (ALL)

KASIM v. STATE OF U.P.

NABAIL/3076/2025 · 2025-04-29

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:67026 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3076 of 2025 Applicant :- Kasim Opposite Party :- State of U.P. Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- Anil Kumar Dubey,Chandra Bhan Dubey,G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 25 of 2025, under Sections 109(1), 191(2), 191(3), 190, 115(2), 351(3), 117(2) of B.N.S., Police Station- Kotwali Nagar, District- Bulandshahr. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the allegations in the first information report, eight persons including the applicant and eight to ten unknown persons are alleged to have assaulted the informant. Specific role of firing has also been assigned to the applicant. In the alleged incident, no firearm injury was found on the body of the informant/injured. The two injuries were athough grievous in nature but not dangerous to life. The applicant has not been identified as the principal offender who caused the said injuries. The nature of injury shows that there was no intent to murder. The criminal history of the applicant has been explained in para no. 17 of the affidavit. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. 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 counsel for the applicant, considering the nature of accusations and the fact that the in the alleged incident, no firearm injury was found on the body of the informant/injured, the fact that the injuries were although grievous in nature but not dangerous to life, the fact that the applicant has not been identified as the principal offender who caused the said injuries, at this stage, there is no substantive evidence against the applicant, 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- Kasim 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 Police Commissioner 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 :- 30.4.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad