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Neutral Citation No. - 2025:AHC:84138 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3941 of 2025 Applicant :- Kunal Rana Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sapna Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri Satish Kumar Tyagi, Advocate, has filed his Vakalatnama on behalf of the informant- opposite party no. 4. The same is taken on record. 2. Heard learned counsel for the applicant, Sri Anupam Anand, learned Brief Holder for the State- opposite party, and Sri Satish Kumar Tyagi, learned counsel for the informant, and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 111 of 2025, under Sections 109(i), 352, 117(2), 3(5) B.N.S., Police Station Crossing Republic, District Ghaziabad. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the first information report, the applicant along with others are alleged to have assaulted the son of the informant. As per the medical report, the son of the informant Shivam received two injuries. As per the CT scan report of the head, the injury no. 1 was found simple in nature as no abnormality was seen. However, the injury no. 2 was a fracture on right nasal bone. It is contended that the said injury was although grievous in nature but not dangerous to life. The nature of the injuries shows that there was no intent to murder. The first information report was lodged under Section 110 BNS. During the course of investigation, the applicant was granted benefit of Section 35 BNSS. The investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been submitted. No custodial interrogation is required. The applicant has been summoned by the court concerned. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 5. Learned Brief Holder for the State and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the injury no.
1 was found simple in nature and the injury no. 2 was a fracture on right nasal bone; the said injury was although grievous in nature but not dangerous to life; the investigation has been completed; the applicant had cooperated in the investigation; 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. 7. In the event of arrest, the applicant- Kunal Rana, 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 applicant shall make himself available on each and every date fixed in the matter by the court concerned; (ii) The applicant 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 applicant shall not leave India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the concerned court.
8. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
9. The application stands disposed of.
Order Date :- 20.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad