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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4120 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant as well as Sri V.P. Tripathi, learned A.G.A. for the State. Perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 275 of 2024, under Sections 191(2), 115(2), 127(2), 351(2), 133, 352, 140(4), 61(2) of B.N.S., Police Station -Jaria, District -Hamirpur. 3. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant was disclosed in the second statement of the informant. It is contended that the said statement is an afterthought and unreliable. In the CCTV footage, the applicant was not seen. It is next contended that identically placed co-accused Charan Singh has been granted anticipatory bail till submission of police report by this Court vide order dated 31.7.2025 passed in Criminal Misc. Anticipatory Bail Application No.11886 of 2024 (Charan Singh vs. State of U.P.). The applicant claims parity. At this stage, there is no credible evidence to link the applicant with the offence. Criminal history of the applicant has been explained in para no.3 of the second supplementary affidavit. Investigation is pending. The applicant has apprehension of his arrest in the above mentioned case. In case the applicant is granted anticipatory bail, he 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 applicant further submits that the application for grant of Versus Counsel for Applicant(s) : Anchal Kumar Rao, Ashish Kumar Singh Counsel for Opposite Party(s) : G.A. Hariom Narayan .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
anticipatory bail be confined only till the submission of police report. 6.
Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report; his name was disclosed in the second statement of the informant; in the CCTV footage, the applicant was not seen; identically placed co-accused Charan Singh has been granted anticipatory bail till submission of police report by this Court; at this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Hariom Narayan 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 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 from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P. 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 applicant. 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 applicant. NABAIL No. 4120 of 2025 2
10. The applicant is 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. September 15, 2025 Manish Kr NABAIL No. 4120 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad