ABHISHEK KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NABAIL/4413/2025 · 2025-08-03
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65877 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65877 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:130797 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4413 of 2025 Applicant :- Abhishek Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shikhar Awasthi 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 and learned A.G.A. for the State- opposite party and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No.168 of 2025, under Sections 191(2), 191(3), 110 and 115(2) B.N.S., Police Station -Dibai, District -Bulandshahar. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the first information report, the applicants along with 13 accused persons are alleged to have assaulted the informant-Roman and Udham Singh. As per the medical report of Roman, he received twelve injuries. All the injuries were simple in nature except injury no.1 which was referred for NCCT Head. As per the NCCT head report, depressed fracture on left parietal bone was found. Whereas, the other injured Udham Singh received seven injuries. Injuries nos.3, 5, 6 and 7 were found simple in nature. Injuries nos.1, 2 and 4 were referred for x-ray examination. No x-ray report is available in the case diary. It is contended that the author of injury caused on the head of the informant-Roman is not known. Vague and general allegations have been levelled against the applicants. At this stage, there is no credible evidence to link the applicants 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. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7.
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 the author of injury caused on the head of the informant-Roman is not known; vague and general allegations have been levelled against the applicants; at this stage there is no substantive evidence to link the applicants 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. 8. In the event of arrest, the applicants- Abhishek Kumar, Daanvir Meena, Manoj Kumar and Shiv Kumar Meena 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 passports, the same shall be deposited by them, before the S.S.P./S.P. concerned.
9. 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.
10. 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.
11. The applicants 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.
12. The application stands disposed of.
Order Date :- 4.8.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad