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Neutral Citation No. - 2025:AHC:82283 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3298 of 2025 Applicant :- Rehan Ahamad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashfaq Ahmed Ansari Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant as well as Sri V.P.Tripathi, learned AGA for the State, and perused the material placed on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 204 of 2024, under Sections 191(2), 191(3), 109(1), 110, 126(2), 115(2), 351(3), 352, 3(5) B.N.S. and Section 7 Criminal Law Amendment Act, Police Station Kotwali Katra, District Mirzapur. 3. 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 3-4 unknown persons are alleged to have assaulted the son of the informant namely Anurag Pandey. As per the medical report, the injured sustained four injuries. The injury nos. 2, 3 and 4 were simple in nature. The injury no.1 was referred for x-ray examination. No x-ray examination of the injured was conducted. There is no supplementary medical report with regard to the nature of the injury no.1 sustained by the injured. Vague and general role has been assigned to the applicant. The nature of injury shows that there was no intent to murder. Further, on the date of alleged incident, the applicant was minor. In this regard, reliance has been placed on the High School marksheet of the applicant. At this stage, there is no credible evidence to link the applicant with the offence. 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. 4. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned 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 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, the injured Anurag Pandey sustained four injuries, the injury nos. 2, 3 and 4 were simple in nature, the injury no.1 was
referred for x-ray examination, no x-ray examination of the injured was conducted, there is no supplementary medical report with regard to the nature of injury no.1 sustained by the injured, vague and general role has been assigned to the applicant, on the date of alleged incident, the applicant was minor, at this stage, there is no substantive evidence to link the applicant with the offence, 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- Rehan Ahamad 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. 8.
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 :- 17.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad