Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 50264 (ALL)

ANKUR YADAV ALIAS SHERA PEHLWAN v. STATE OF U.P. AND ANOTHER

NABAIL/3489/2025 · 2025-05-05

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:72275 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3489 of 2025 Applicant :- Ankur Yadav Alias Shera Pehlwan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Tripathi,Subodh Tripathi Counsel for Opposite Party :- G.A.,Ram Raj Pandey 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, Sri Ram Raj Pandey, counsel for the informant-opposite party no.2 as well as Sri V.P.Tripathi, 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. 11 of 2025, under Sections 109, 352, 115(2), 117(2) B.N.S., Police Station Khekda, District Baghpat. 4. 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, the applicant along with four named accused and 3-4 unknown persons are alleged to have assaulted three persons namely Prashant, Ankush and Rajwati. As per the medical report as well as supplementary medical report, injuries received by the injured Prashant and Rajwati were simple in nature. The injured Ankush received five injuries, which were also found simple in nature expect injury no.4. As per the statement of the doctor, the injury no.4 was fracture on the nasal bone. It is contended that although the injury no.4 of Ankush was grievous in nature but not dangerous to life. The nature of injuries sustained by all the injured shows that there was no intent to murder. A vague role has been assigned to the applicant. 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 AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. 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 as well as supplementary medical report, injuries received by the injured Prashant and Rajwati were simple in nature, the injured Ankush received five injuries, which were also simple in nature expect injury no.4, as per the statement of the doctor, the injury no.4 was fracture on the nasal bone, although the injury no.4 of Ankush was grievous in nature but not dangerous to life, a vague 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 till the submission of police report. 8. In the event of arrest, the applicant- Ankur Yadav @ Shera Pehlwan 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. 9. 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. 10. 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. 11. 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. 12. The application stands disposed of. Order Date :- 6.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad