ANKUR SHARMA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/4158/2025 · 2025-05-26
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 63214 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 63214 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:89751 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4158 of 2025 Applicant :- Ankur Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kakkar,Raghvendra Prakash Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by counsel for the applicants is taken on record. 2. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State, Sri Anup Trivedi, learned Senior Advocate, assisted by Sri Ankit Shukla, counsel for the informant and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 667 of 2024, under sections 191(2), 191(3), 190, 109, 117(2), 115(2), 352, 351(2) of B.N.S., Police Station- Baraut, District- Baghpat. 4. 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, the applicants along with three named accused and eight to ten unknown persons are alleged to have assaulted the informant Mukesh Kumar. As per the medical report, the injured received four injuries. The injury nos. 1 and 4 were simple in nature. The injury nos. 2 and 3 were kept under observation and referred for x-ray examination. As per the x-ray report, the injury no. 2 was a fracture of left hand whereas the injury no. 3 was simple in nature. It is contended that although the injury no. 2 was grievous in nature but not dangerous to life. The nature of injuries shows that there was no intent to murder. Vague and general allegations have been levelled against the applicants. During the course of investigation, the applicants were granted interim protection till submission of police report under Section 193(3) of B.N.S.S. vide order dated 22.11.2024 passed in Criminal Misc. Writ Petition No. 19707 of 2024 (Vishal @ Vishal Bhardwaj and 4 others vs. State of U.P. and 2 others). Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 5.
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. 6. Having regard to the submissions made by learned counsel for the applicants, considering the nature of accusations, antecedents of the applicants and the fact that as per the medical report, the injured received five injuries; the injury nos. 1 and 4 were simple in nature; the injury nos. 2 and 3 were kept under observation and referred for x-ray examination; as per the x-ray report, the injury no. 2 was a fracture of left hand whereas the injury no. 3 was simple in nature, the fact that vague and general allegations have been levelled against the applicants, the fact that during the course of investigation, the applicants were granted interim protection till submission of police report; at this stage, there is no substantive evidence against the applicants, charge-sheet has been filed, the applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Ankur Sharma and Ashutosh Bhardwaj, 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (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; (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 concerned court. 8.
8. 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 :- 27.5.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad