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2025 DAILYLAW 48700 (ALL)

AMIT PASWAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NABAIL/3338/2025 · 2025-05-06

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:73923 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3338 of 2025 Applicant :- Amit Paswan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- Amarjeet Choudhary,G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, Sri Amarjeet Choudhary, counsel for the informant as well as Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Criminal Case No.337 of 2024, Case Crime No. 159 of 2024, under Sections -498A, 323, 504, 307 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Shikarpur, District- Bulandshahr, during the pendency of trial. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. The matter arises out of matrimonial discord between applicant no.1 and the informant. The incident is alleged to have occurred on 03.09.2023. The first information report was lodged on 29.04.2024. The delay is fatal to the prosecution case. Further, in the alleged incident the informant/victim has not received any injury. No medical report is available in the case diary. During the pendency of investigation, the applicants were granted anticipatory bail till submission of police report by the Sessions Judge, Bulandshahr vide orders dated 20.06.2024. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. The applicants have been summoned by the concerned Court. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they 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. Having regard to the submissions made by counsel for the applicants, considering the nature of accusations, antecedents of the applicants, and the fact that the first information report was lodged belatedly, in the alleged incident the informant/victim has not received any injury, no medical report is available in the case diary, during the pendency of investigation the applicants were granted anticipatory bail till submission of police report by the Sessions Judge, Bulandshahr, charge sheet has been filed, the applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants Amit Vashwan @ Amit Paswan, Smt. Bijnesh and Smt. Shalu, 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the concerned court. 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 :- 7.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad