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2025 DAILYLAW 58663 (ALL)

RAVI SINGH BHADAURIYA ALIAS RAGHUVAR SINGH BHADAURIYA AND ANOTHER v. STATE OF U.P.

NABAIL/3848/2025 · 2025-05-22

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88604 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3848 of 2025 Applicant :- Ravi Singh Bhadauriya Alias Raghuvar Singh Bhadauriya And Another Opposite Party :- State of U.P. Counsel for Applicant :- Akash Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Session in Case Crime No.66 of 2024, under sections 147, 148, 149, 307, 327, 332, 333, 336, 353, 504, 506 I.P.C. and Section 7 Criminal Law Amendment Act, Police Station- Badhpura, District- Etawah. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the contents of first information report, the applicants along with three named accused and 20-25 unknown persons are alleged to have assaulted the police personnels. In the alleged incident, five police personnels received injuries. As per medical examination of the five injured, the injuries sustained by them were found simple in nature. A vague and general role has been assigned to the applicants. The nature of injuries shows that there was no intent to murder. During the course of investigation, the applicants were granted anticipatory bail till submission of police report by this Court vide orders dated 08.10.2021 and 30.09.2021 passed in Criminal Misc. Anticipatory Bail Application No. 15879 of 2021 and Criminal Misc. Anticipatory Bail Application No. 15884 of 2021. The said anticipatory bail application were disposed of vide orders dated 23.02.2023 and 03.01.2022. It is next contended that investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. The applicant no. 1 has criminal history of one case whereas the applicant no. 2 has no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. 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. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that a vague and general role has been assigned to the applicants, in the alleged incident, five police personnels have received injuries, as per medical examination of the five injured, the injuries sustained by them were found simple in nature. During the course of investigation, the applicants were granted anticipatory bail till submission of police report by this Court vide orders dated 08.10.2021 and 30.09.2021 passed in Criminal Misc. Anticipatory Bail Application No. 15879 of 2021 and Criminal Misc. Anticipatory Bail Application No. 15884 of 2021, the applicants have not violated the conditions of interim anticipatory bail, 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 applicants Ravi Singh Bhadauriya @ Raghuvar singh Bhadauriya and Chhotu @ Bhanu Pratap, 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. 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 :- 23.5.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad