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2025 DAILYLAW 48925 (ALL)

GOLU URF ROHIT v. STATE OF U.P.

NABAIL/3443/2025 · 2025-05-01

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69698 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3443 of 2025 Applicant :- Golu Urf Rohit Opposite Party :- State of U.P. Counsel for Applicant :- Abhay Pratap Singh,Indrajeet Chaurasia 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 Neeraj Kumar Sharma, learned AGA 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. 1076 of 2024, under Sections 115(2), 109(1), 190, 191(2), 191(3) B.N.S., Police Station Kotwali Nagar, District Bulandshahr. 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 six named accused and one unknown person are alleged to have assaulted the informant and his niece. As per the medical report of the informant and other injured, the injuries sustained by them were found simple in nature. The nature of injury shows that there was no intent to murder. A vague and general role has been assigned to the applicant. It is next contended that as per the high school mark- sheet, the applicant was minor at the time of alleged incident. Copy of the High School mark-sheet is annexed as Annexure-6 to the bail application. The applicant has no criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. and the counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact that as per the medical report of the informant and other injured, the injuries sustained by them were found simple in nature, a vague and general role has been assigned to 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. 7. 7. In the event of arrest, the applicant Golu @ Rohit 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 313 of Cr.P.C. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 2.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad