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Neutral Citation No. - 2025:AHC:131850 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4419 of 2025 Applicant :- Shivam Singh Opposite Party :- State of U.P. Counsel for Applicant :- Rajesh Kumar Singh Counsel for Opposite Party :- Dileep Kumar Srivastava,G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant as well as Sri Nagendra Mishra, learned brief holder for the State and Sri Dileep Kumar Srivastava, counsel for the informant. Perused the material placed on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.44 of 2025, under sections 352, 109, 110 B.N.S., P.S. Ravindranagar Dhoos, District Kushinagar. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report the applicant is alleged to have assaulted the informant. As per the medical report as well as the supplementary medical report the injuries received by the injured were simple in nature. It is contended that the nature of injuries shows that there was no intent to murder. At this stage, there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in para 15 of the bail application. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned brief holder for the State and counsel for the informant have 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 counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that as per the medical report as well as the supplementary medical report, the injuries received by the injured were simple in nature, 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 to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant Shivam Singh, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 him from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the pendency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.
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 :- 5.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad