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2025 DAILYLAW 64546 (ALL)

PRINCE BHARDWAJ v. STATE OF U.P. AND ANOTHER

NABAIL/4345/2025 · 2025-05-29

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93437 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4345 of 2025 Applicant :- Prince Bhardwaj 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. Heard counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. 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. 3. 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 three named accused and eight to ten unknown persons are alleged to have assaulted the informant Mukesh Kumar and the applicant was alleged to have fired. 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. No fire arm injury was found on the body of the injured. The nature of injuries shows that there was no intent to murder. Vague and general allegations have been levelled against the applicant. During the course of investigation, the applicant was 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). The co-accused Ankur Sharma and Ashutosh Bhardwaj have been granted anticipatory bail by this Court vide order dated 27.05.2025 passed in Criminal Misc. Anticipatory Bail Application No. 4158 of 2025. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. 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. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant 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 applicant, the fact that during the course of investigation, the applicant was granted interim protection till submission of police report; the co-accused Ankur Sharma and Ashutosh Bhardwaj have been granted anticipatory bail by this Court, at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, the applicant 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 applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Prince 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 applicant shall make himself available on each 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. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 30.5.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad