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2025 DAILYLAW 66407 (ALL)

DEEPU TOMAR v. STATE OF U.P.

NABAIL/4509/2025 · 2025-07-02

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:102994 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4509 of 2025 Applicant :- Deepu Tomar Opposite Party :- State of U.P. Counsel for Applicant :- Abhilasha Tiwari,Ankit Pandey,Ankit Tyagi,Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Certified copy of the first information report produced by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 267 of 2020, under section 307 of I.P.C., Police Station- Noorpur, District- Bijnor. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. The incident is alleged to have occurred on 27.08.2020. The first information report was lodged on 29.08.2020. The delay in lodging the first information report is fatal to the prosecution case. As per the medical report, the injuries sustained by the injured was superficial in nature. It is contended that the nature of injuries shows that there was no intent to murder the applicant. The applicant was granted bail by the Chief Judicial Magistrate (C.J.M.) concerned under Sections 323, 324 and 506 of I.P.C. on 01.09.2020. Charge-sheet has been submitted under Section 307 I.P.C. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. 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. 5. Learned A.G.A. has 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 applicant, considering the nature of accusations, antecedents of the applicant and the fact that the F.I.R. was lodged belatedly, as per the medical report, the injuries sustained by the injured were superficial in nature, the nature of injuries shows that there was no intent to murder the applicant, at this stage, there is no substantive evidence against the applicant, 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. 7. In the event of arrest, the applicant Deepu Tomar, 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. 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 :- 3.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad