SUKHVEER SINGH BHULLER v. STATE OF U.P. AND ANOTHER
NABAIL/4089/2025 · 2025-07-02
Gautam Chowdhary
body2025
DailyLaw.ai
[ 2025 DAILYLAW 62419 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62419 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:103393 Court No. - 70 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4089 of 2025 Applicant :- Sukhveer Singh Bhuller Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar,Bakhteyar Yusuf,G.A. Hon'ble Dr. Gautam Chowdhary,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. The present application has been moved seeking anticipatory bail in Case Crime No.535 of 2024 under Sections 316(2), 318(4), 338, 336(3), 340(2) BNS, Police Station Bhojipura, District Bareilly, with the prayer that in the event of arrest, applicant may be released on bail.
3. It has been argued by the learned counsel for the applicant that applicant is innocent and he has an apprehension that he may be arrested in the above-mentioned case, whereas there is no credible evidence against him. It has further been submitted that no coercive process has been issued against the applicant so far. It was also submitted that applicant undertakes to co-operate during investigation and trial and he would appear as and when required by the investigating agency or Court. It has been stated that in case, the applicant is granted anticipatory bail, he shall not misuse the liberty of bail and will co-operate with the investigation and would obey all conditions of bail.
4. Learned A.G.A.has opposed the application for anticipatory bail.
5. It may be stated that in case of Siddharam Satlingappa
Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, Court must consider nature and gravity of accusation, antecedent of accused, possibility of accused to flee from justice and that Court must evaluate entire available material against the accused carefully and that the exact role of the accused has also to be taken into consideration.
6. In the instant case, considering the settled principle of law regarding anticipatory bail, submissions of the learned counsel for the parties, nature of accusation, role of applicant and all attending
facts and circumstances of the case, without expressing any opinion on merit of the case, a case for anticipatory bail is made out.
7. The anticipatory bail application is allowed.
8. In the event of arrest of the applicant- Sukhveer Singh Bhuller, involved in the aforesaid case crime shall be released on anticipatory bail till submission of police report on their 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 the following conditions :- (i) the applicant shall make himself available for interrogation by a police officer as and when required; (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 him/her/them from disclosing such facts to the Court or to any police officer; (iii) the applicant would co-operate during investigation and would
not misuse the liberty of bail.
9. In default of any of the conditions, the Investigating Officer/prosecution shall be at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant.
Order Date :- 3.7.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad