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2025 DAILYLAW 57808 (ALL)

ROHIT AND ANOTHER v. STATE OF U.P.

NABAIL/3940/2025 · 2025-05-19

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:84318 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3940 of 2025 Applicant :- Rohit And Another Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. The instant application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 389 of 2024, under Section 109 of B.N.S., Police Station- Hasanpur, District- Amroha. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The name of the applicants was disclosed by the co-accused, Manoj who was arrested at the spot. The said statement insofar as it implicates the applicants are unreliable. It is case of firing on Police party. No Police personnel has received any injury. In fact, the co-accused, Manoj received an injury. At this stage, there is no credible evidence to link the applicants with the offence. The criminal history of the applicants has been explained in para nos. 16 and 17 of the affidavit. The investigation is still pending. It is next submitted that the applicants have apprehension of their arrest and in case, the applicants are granted anticipatory bail, they 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. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by counsel for the applicants, considering the nature of accusations and the fact that the name of the applicants was disclosed by the co-accused, Manoj who was arrested at the spot, the fact that no Police personnel has received any injury, at this stage, there is no substantive evidence against the applicants, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. 7. In the event of arrest, the applicants- Rohit and Anil 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 applicants shall make themselves available for interrogation by a police officer as and when required; (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 or to any police officer; (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 Police Commissioner concerned. 8. 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 applicants. 9. 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 applicants. 10. The applicants are 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. 11. The application stands disposed of. Order Date :- 20.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad