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Neutral Citation No. - 2025:AHC:82497 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3557 of 2025 Applicant :- Rohit Kumar @ Rohit Nishad Opposite Party :- State of U.P. Counsel for Applicant :- Kartikeya Shukla,Mahesh Prasad Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Copy of the statements of the injured and the medical report of injured Veeru produced by learned A.G.A. are 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. 605 of 2024, under Sections 191(2), 191(3), 190, 115(2), 109 B.N.S., Police Station Ramgarh Tal, District Gorakhpur. 4. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the instant case. As per the allegations in the first information report, ten named accused and some unknown persons are alleged to have assaulted the son of the informant, namely, Vinay and two others, namely, Veeru and Arun. The injured Vinay and Arun were not examined by the doctor. No injury report with regard to Vinay and Arun is available in the case diary. As per the medical report of injured Veeru he received a single injury on his thigh region. It is contended that the said injury was although grievous in nature but not dangerous to life. The nature of the injury shows that there was no intent to murder. The name of the applicant was disclosed by the injured. A vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender who caused injury on the thigh of the injured Veeru. The applicant has no criminal antecedents. 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 by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the applicant was not named in the first information report; the injured Vinay and Arun were not examined by the doctor; as per the medical report of injured Veeru he received a single injury on his thigh region; the said injury was although grievous in nature but not dangerous to life; a vague and general role has been assigned to the applicant; the applicant has not been nominated as the principal offender who caused injury on the thigh of the injured Veeru, 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- Rohit Kumar @ Rohit Nishad be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., 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 :- 17.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad