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2025 DAILYLAW 55203 (ALL)

RAGHUNANDAN AND ANOTHER v. STATE OF U.P.

NABAIL/3637/2025 · 2025-05-18

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83905 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3637 of 2025 Applicant :- Raghunandan And Another Opposite Party :- State of U.P. Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. At the outset learned counsel for the applicants prays for and is permitted to correct the prayer clause of the application. 2. Sri Prakash Narayan Bajpai, Advocate, has filed his Vakalatnama on behalf of the informant. The same is taken on record. 3. Heard learned counsel for the applicants, Sri V.P. Tripathi, learned AGA for the State- opposite party, and Sri Prakash Narayan Bajpai, learned counsel for the informant, and perused the material available on record. 4. This application has been filed seeking anticipatory bail in Case Crime No. 119 of 2024, under Sections 110, 352, 351(1) B.N.S., Police Station Sahayal, District Auraiya. 5. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. Earlier the applicants were granted bail under Sections 191(2), 191(3), 109, 115(2), 118(1) B.N.S. by the Additional Session Judge, Court No. 2, Auraiya vide order dated 28.08.2024 passed in Bail Application No. 1555 of 2024. After investigation, charge-sheet has been submitted against the applicants under Sections 10, 352, 351(1) B.N.S.. As per the allegations in the first information report, the applicants along with 10 named accused and some unknown persons are alleged to have assaulted the informant namely Dalveer Singh and three others namely Ranvijay Singh, Udai Narayan and Prabal Pratap. The injury sustained by the informant, Ranvijay and Prabal Pratap were found simple in nature. The injured- Udai Narayan sustained a grievous injury on his head. The author of the said injury is not known. Vague and general allegations have been levelled against the applicants. The applicants have no criminal antecedents. Investigation has been completed. The applicants had cooperated in the investigation. Charge-sheet has been submitted. No custodial interrogation is required. The applicants have been summoned by the court concerned. The applicants have apprehension of their arrest in the above mentioned case. 6. Learned A.G.A. and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that the injury sustained by the informant, Ranvijay and Prabal Pratap were found simple in nature; the injured- Udai Narayan sustained a grievous injury on his head; the author of the said injury is not known; vague and general allegations have been levelled against the applicants; the applicants were granted bail under Sections 191(2), 191(3), 109, 115(2), 118(1) B.N.S. by the Additional Session Judge, Court No. 2, Auraiya vide order dated 28.08.2024 passed in Bail Application No. 1555 of 2024 investigation has been completed; the applicants 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 applicants are entitled to be enlarged on anticipatory bail. 8. In the event of arrest, the applicants- Raghunandan and Ankush, 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 applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the concerned court. 9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. Order Date :- 19.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad