JAY KISHAN AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/4165/2025 · 2025-05-26
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63061 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63061 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:90632 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4165 of 2025 Applicant :- Jay Kishan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Munna Lal Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri R.B. Yadav, Advocate, has filed Vakalatnama on behalf of the informant- opposite party no. 2. The same is taken on record.
2. Copy of statements of the two injured Jyoti and Aaradhna produced by learned A.G.A. are taken on record.
3. Heard learned counsel for the applicants and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party no. 1, and Sri R.B. Yadav, learned counsel for the informant, and perused the material placed on record.
4. This application has been filed seeking anticipatory bail in Case Crime No. 50 of 2025, under Sections 115(2) 118(2), 352 B.N.S., Police Station Airport, District Prayagraj.
5. Learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report and the statements of the injured, specific role of assault has been assigned to Ram Kishan. At this stage there is no credible evidence to link the applicant 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 learned counsel for the opposite party no. 2 opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid
submissions from the record.
7. Learned 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 antecedents of the applicants and, in particular, the fact that as per the allegations in the first information report and the
statements of the injured, specific role of assault has been assigned to Ram Kishan; and, 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 applicants are entitled to be enlarged on anticipatory bail till the submission of police report.
9. In the event of arrest, the applicants- Jay Kishan and Sochram 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 passport, 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 :- 27.5.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad