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Neutral Citation No. - 2025:AHC:88116 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3763 of 2025 Applicant :- Devakinandan Opposite Party :- State of U.P. Counsel for Applicant :- Shad Khan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard Sri Vikrant Dabbas, Advocate holding brief Mr. Shad Khan, learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State, and perused the material available on record. 2. The instant application under Section 482 B.N.S.S. has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 0148 of 2024, under Sections 109(1) B.N.S, Police Station Rakabganj, District Agra. 3. 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, fifteen named accused and unknown person are alleged to assaulted the informant-Devendra Singh, Gajendra Singh, Suresh Kushwaha and Daal Singh. As per the medical report as well as supplementary medical report, the injuries sustained by the four injured were found to be simple in nature. The name of the applicant was subsequently disclosed in the statement of the informant. It is contended that the said statement is an after thought. A vague and general role has been assigned to the applicant. At this stage there is no credible evidence against the applicant to link with the offence. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. 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. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but
could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report; as per the medical report as well as supplementary medical report, the injuries sustained by the four injured were found to be simple in nature; the fact that the name of the applicant was disclosed in the statement of the informant, the fact that a vague and general role has been assigned to the applicant; at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, the applicant had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Devakinandan, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (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; (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 concerned court.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of.
Order Date :- 22.5.2025/PS Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad