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Neutral Citation No. - 2025:AHC:81723 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3530 of 2025 Applicant :- Shimant Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akash Pundir,Pawan Singh Pundir Counsel for Opposite Party :- Chandra Bhushan Prasad,G.A. Hon'ble Vivek Varma,J.
1. Heard Sri Pawan Singh Pundir, counsel for the applicant; Sri Chandra Bhushan Prasad, counsel for the informant as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party and perused the record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 95 of 2025, under Sections 191(2), 115(2), 352, 351(2) and 109 BNS, Police Station Thana Bhawan, District Shamli. 3. In brief, the prosecution story states that the applicant along with four others due to old enmity stopped the car of the brother of the informant, pulled him out of the car and attacked him with sharp edged weapons with the intention of killing him. Hearing the noise, Nikhil, Harsh and Raj Kumar came there. They were also beaten, abused and threatened by them. They also got injured. The brother of the informant was brought to the Community Health Centre, Thana Bhawan, Shamli for treatment, where the doctor seeing his serious condition, referred him to higher centre, where his condition remained serious. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident was alleged to have occurred on 14.3.2025. The first information report was lodged on 17.3.2025. The applicant along with four others are alleged to have caused injuries to the brother of the informant, namely Paramveer and three others. However, as per the statement of the doctor, the injuries received by the injured persons were caused by hard and blunt object. It is next contended that the applicant has no criminal antecedents. The investigation is going on and 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. 5. Learned AGA has opposed the prayer for anticipatory bail. 6. Having heard learned counsel for the parties and having perused the record, this Court prima facie finds that the brother of the informant Paramveer was initially examined on 14.3.2025 at C.H.C., Thana Bhawan, Shamli.
He was referred to higher centre at District Government Medical College, Saharanpur. Thereafter, he was taken to Pegasus Hospital, Saharanpur, where he was under treatment from 14.3.2025 to 16.3.2025. As per the medical report of injured Paramveer, he received three injuries on the head region. As per the supplementary report dated 26.3.2025 and as per the statements of Dr. Navjeet Kumar Bedi, Medical Officer, C.H.C. Thana Bhawan, Shamli and Dr. Rajeev Kumar Tiwari, Pegasus Hospital, Saharanpur, the injured Paramveer received three injuries on his head. The said injuries were grievous in nature. As per the statement of the injured Paramveer, the accused persons were armed with danda, fawra and balkati. As per the statements of the injured Nikhil, Harsh and Raj Kumar, the co-accused Himanshu was armed with fawra, the co-accused Dipanshu was armed with balkati and the applicant was armed with iron rod and the co- accused Udai and Shiv Kumar were armed with danda. 7. The prosecution case is supported by the informant as well as the injured and the medical examination report of the injured corroborates the prosecution case. In my opinion, this is not an appropriate case for grant of anticipatory bail. Hence the application is hereby rejected, leaving it open to the applicant to apply for regular bail before the concerned court, which application when filed, may be considered on its own merits, without being prejudiced by any observation made in this order. Order Date :- 16.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad