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2025 DAILYLAW 48802 (ALL)

GAYYUR v. STATE OF U.P. AND ANOTHER

NABAIL/3534/2025 · 2025-05-13

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78587 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3534 of 2025 Applicant :- Gayyur Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amarnath Tripathi,Vikas Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant, 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 Case Crime No. 152 of 2024, under Sections -109, 351(3) of B.N.S., Police Station- Mirzapur, District- Saharanpur, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. First information report was lodged under Sections 332(c) and 118(1) of B.N.S. In the said sections, the applicant was granted bail by the Judicial Magistrate- II, Saharanpur vide order dated 10.10.2024. During the course of investigation, sections 109, 351(3) of B.N.S. have been added. It is contended that in the opinion of doctor, the single injury sustained by the informant was simple in nature. The nature of injury shows that there was no intent to murder. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. Criminal history of the applicant has been explained in para no.3 of the supplementary affidavit. The applicant has apprehension of his arrest in the above mentioned case. 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. 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 F.I.R. was lodged under Sections 332(c) and 118(1) of B.N.S.; in the said sections, the applicant was granted bail by the Judicial Magistrate-II, Saharanpur vide order dated 10.10.2024; the single injury sustained by the informant was simple in nature; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court; no custodial interrogation is required; 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 Gayyur, 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 make himself available on each date fixed in the matter by the court concerned; (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; (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 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 :- 14.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad