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2025 DAILYLAW 52017 (ALL)

ANUJ THAKUR ALIAS ANUJ PRATAP SINGH v. STATE OF U.P.

NABAIL/3759/2025 · 2025-07-28

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:125195 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3759 of 2025 Applicant :- Anuj Thakur Alias Anuj Pratap Singh Opposite Party :- State of U.P. Counsel for Applicant :- Devendra Tiwari Deva Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. In re: Criminal Misc. Amendment Application No. 1 of 2025. Heard learned counsel for the applicant as well as Sri V.P. Tripathi, learned A.G.A. for the State, and perused the order dated 23.12.2024 as corrected on 19.06.2025. The amendment application is allowed. The necessary amendment be carried out by the counsel for the applicant during the course of the day. Office is directed to carry out necessary correction in the computer database. In re: Anticipatory Bail Application 1. Copy of the medical report of the informant produced by learned A.G.A. for the State is taken on record. 2. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State- opposite party, and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 267 of 2024, under Sections 384, 307, 323, 504, 427, 392 I.P.C., Police Station Subhash Nagar, District Bareilly. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the medical report of the injured, the injuries sustained by him were simple in nature. The applicant has not committed the offence of extortion. At this stage there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in Paragraph- 13 of the affidavit. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. 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, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that as per the medical report of the injured, the injuries sustained by him were simple in nature; and, at this stage there is no credible 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. 8. In the event of arrest, the applicant- Anuj Thakur @ Anuj Pratap Singh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., 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 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 :- 29.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad