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2025 DAILYLAW 66873 (ALL)

PREMPAL v. STATE OF U.P. AND ANOTHER

NABAIL/4594/2025 · 2025-06-30

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101552 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4594 of 2025 Applicant :- Prempal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri P.K. Tripathi, learned AGA for the State- opposite party, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 281 of 2024, under Sections 110, 117(2), 333, 352, 351(2) B.N.S., Police Station Anoopshahar, District Bulandshahar. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the instant case. In the first information report 11 persons including the applicant were nominated. Vague and general role has been assigned to the applicant. In the alleged incident, as per the case diary, only four persons received injuries. All the injured received injuries which were found simple in nature except injury on the left arm of the injured Ghanshyam. It is contended that although the said injury was grievous in nature but not dangerous to life. Further, the nature of the injuries to the four injured shows that there was no intent to murder. The applicant has no criminal antecedents. Investigation has been completed. Charge-sheet has been submitted. No custodial interrogation is required. The applicant has been summoned by the concerned court. The applicant has apprehension of his arrest in the above mentioned case. 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 and antecedents of the applicant and, in particular, the fact that vague and general role has been assigned to the applicant; all the injured received injuries which were found simple in nature except injury on the left arm of the injured Ghanshyam; although the said injury was grievous in nature but not dangerous to life; the nature of the injuries to the injured persons shows that there was no intent to murder; investigation has been completed 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. 6. In the event of arrest, the applicant- Prempal, 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 and every 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. Further, 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 :- 1.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad