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2025 DAILYLAW 66015 (ALL)

SHAIR MOHD v. STATE OF U.P. AND ANOTHER

NABAIL/4436/2025 · 2025-06-30

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101502 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4436 of 2025 Applicant :- Shair Mohd Opposite Party :- State of U.P. and Another Counsel for Applicant :- Padmaker Pandey Counsel for Opposite Party :- Ashok Kumar Chaubey,G.A.,Ravi Shankar Tripathi Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri Rupak Chaubey, learned AGA for the State, and Sri Ravi Shankar Tripathi, learned counsel for the informant, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 143 of 2025, under Sections 191(2), 191(3), 190, 109, 352, 351(3) B.N.S. and Section 7 Criminal Law Amendment Act, Police Station Sahaswan, District Budaun. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the allegations in the first information report two groups were fighting amongst themselves. The name of the applicant was disclosed by co-accused Wasid and Javid in police custody. The said statements insofar as they implicate the applicant are unreliable. In the alleged incident two persons received injuries. As per the medical report, the injuries sustained by two injured were found simple in nature. Vague and general role has been assigned to the applicant. The nature of injuries show that there was no intent to murder. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned AGA and learned counsel for the informant opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that the name of the applicant was disclosed by co-accused Wasid and Javid in police custody, as per the medical report, the injuries sustained by two injured were found simple in nature, vague and general role has been assigned to the applicant, 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 till the submission of police report. 7. In the event of arrest, the applicant- Shair Mohd. be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) BNSS, 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 applicant shall make himself available for interrogation by a police officer as and when required; (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 India without the previous permission of the Court and if he has passport, the same shall be deposited by him before the S.S.P./S.P. concerned. 8. 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 applicant. 9. 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 applicant. 10. The applicant 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. 11. The application stands disposed of. Order Date :- 1.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad