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2025 DAILYLAW 56050 (ALL)

RADHEYSHYAM AND 3 OTHERS v. STATE OF U.P.

NABAIL/3697/2025 · 2025-05-19

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84679 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3697 of 2025 Applicant :- Radheyshyam And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Vishvendra Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants and Sri Anupam Anand, learned brief holder for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 95 of 2021, under Sections 147, 148, 149, 188, 269, 270, 307, 323, 336, 427, 504, 506 IPC, Section 3/4 of Epidemic Diseases Act and Section 7 Criminal Law Amendment Act, Police Station Dauki, District Agra. 3. Counsel for the applicants contends that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report, two groups were fighting amongst themselves. A vague role has been assigned to the applicants. In the alleged incident, no person received any injury. During the pendency of the investigation, the applicants were granted anticipatory bail till submission of police report by this court vide order dated 05.10.2021 passed in Criminal Misc. Anticipatory Bail Application No. 14928 of 2021. The said application was dismissed for want of prosecution on 28.07.2022. Investigation has been completed. Charge sheet has been submitted. The applicants had co-operated in the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. The applicants have no criminal antecedents. At this stage there is no credible evidence to link the applicant with the offence. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail till conclusion of trial, they will not misuse the said liberty. 4. Learned brief holder for the State 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 applicants, considering the nature of accusations and antecedents of the applicant, in particular the fact, that a vague role has been assigned to the applicants, in the alleged incident, no person received any injury, during the pendency of the investigation, the applicants were granted anticipatory bail by this court, at this stage, there is no substantive evidence to link the applicants with the offence, charge sheet has been submitted, the applicants had co-operated in the investigation, 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. 6. In the event of arrest, the applicants Radheyshyam, Pohap Singh, Batua @ Vijay Singh and Devendra, 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 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. 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 :- 20.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad