UMESH ALIAS KUMESH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NABAIL/3891/2025 · 2025-05-25
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59583 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59583 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:89502 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3891 of 2025 Applicant :- Umesh Alias Kumesh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Srivastava,Rajiv Sisodia,Shailesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri Shakil Ahmad, Advocate has filed Vakalatnama on behalf of the informant. The same is taken on record. 2. Copy of the supplementary medical report of the injured produced by learned A.G.A. is taken on record. 3. Heard counsel for the applicants, counsel for the informant and Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 4. This application has been filed by the applicants seeking anticipatory bail in Case Crime No.292 of 2025, under Sections -109(1), 333, 352 B.N.S., Police Station -Kotwali Shahar, District-Bijnor. 5. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the contents of the first information report, the applicants are alleged to have assaulted the daughter of the informant Kusum Devi and son- in-law Mahendra Singh. As per medical report of Kusum Devi, she received seven injuries. Injury nos.1, 2 and 7 were kept under observation and rest of the injuries were found simple in nature. As per supplementary medical report, injury nos.1, 2 and 7 were found simple in nature. As per medical report of Mahendra Singh, he sustained six injuries. Injury nos.1 and 6 were kept under observation and rest of the injuries were found simple in nature. As per supplementary medical report, injury nos.1 and 6 were also found simple in nature. It is contended that the nature of injuries shows that there was no intent to murder. At this stage there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 6. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 8.
Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, and the fact that as per medical report and supplementary medical report of both the injured, all the injuries were found simple in nature; the nature of injuries shows that there was no intent to murder, at this stage there is no substantive evidence to link the applicants with the offence, 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. 9. In the event of arrest, the applicants- Umesh alias Kumesh, Kaushal and Vijay 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 passports, the same shall be deposited by them, before the S.S.P./S.P. concerned.
10. 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.
11. 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.
12. 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.
13. The application stands disposed of.
Order Date :- 26.5.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad