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Neutral Citation No. - 2025:AHC:135595 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4619 of 2025 Applicant :- Rev Singh Opposite Party :- State of U.P. Counsel for Applicant :- Mohammad Firoz Khan Counsel for Opposite Party :- Prathamesh Upadhyay,G.A. Hon'ble Vivek Varma,J.
1. Case called out. Counsel for the informant is not present. On 04.08.2025 also the matter was adjourned due to the absence of counsel for the informant. 2. Heard learned counsel for the applicant as well as Sri V.P.Tripathi, learned AGA for the State, and perused the material placed on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 91 of 2025, under Sections 191(2), 191(3), 190, 115(2), 109, 351(2), 352, 117(2) B.N.S., Police Station Dankaur, District Gautam Budh Nagar. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with five named accused and certain unknown persons is alleged to have assaulted Kewal Singh and Tej Singh. Specific role of firing has been assigned to co-accused Kapil @ Roop Chand and Pankaj. In the alleged incident, no fire arm injury was received by any person. Injured Kewal Singh received four injuries and Tej Singh received five injuries. The said injuries were on non vital parts of the body. It is contended that the nature of injuries to both the injured shows that there was no intent to murder. At this stage, there is no credible evidence to link the applicant with the offence. It is next contended that co-accused Kapil @ Roop Chand and Abhay @ Mantri have been granted interim protection, till submission of police report, by this Court vide orders dated 02.07.2025 and 11.07.2025 passed in Criminal Misc. Writ Petition Nos. 12021 of 2025 and 14616 of 2025 respectively. 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. 5. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant 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, considering the nature of accusations and antecedents of the applicant, in particular the fact, that specific role of firing has been assigned to co-accused Kapil @ Roop Chand and Pankaj; in the alleged incident, no fire arm injury was received by any person; the injuries received by injured Kewal Singh and Tej Singh, were on non vital parts of the body; co-accused Kapil @ Roop Chand and Abhay @ Mantri have been granted interim protection, till submission of police report, by this Court; at this stage, there is no substantive evidence to link the applicant with the offence; and 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. 8. In the event of arrest, the applicant- Rev Singh 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. 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 applicant. 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 applicant. 11. The applicant is directed to produce a copy of this order before the CP/ACP concerned within ten days from today, who shall ensure the compliance of present
order.
12. The application stands disposed of.
Order Date :- 11.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad