GAURAV KUMAR @ GAURAV SAXENA v. STATE OF U.P. AND ANOTHER
NABAIL/4698/2025 · 2025-08-04
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 67248 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 67248 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:131740 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4698 of 2025 Applicant :- Gaurav Kumar @ Gaurav Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Prajapati,Saurabh Srivastava,Sudhesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Copy of C.D. No.11 dated 29.6.2024 produced by Sri V.P. Tripathi, learned A.G.A. for the State is taken on record. 2. Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State- opposite party, and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 386 of 2024, under Sections 147, 148, 149, 307, 327, 427, 504, 506, 394, 120-B I.P.C., Police Station Izzat Nagar, District Bareilly. 4. Counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. In the first information report, 12 named accused and 150 unknown persons are nominated. In the alleged incident no person has received any injury. The name of the applicant was disclosed by co-accused Krishn Pal Yadav in police custody. The said statement insofar as it implicates the applicant, is unreliable. A vague and general role has been assigned to the applicant. At this stage, there is no credible evidence to link the applicant with the offence. Criminal history of the applicant has been explained in paragraph no.10 of the bail application. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. 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, antecedents of the applicant and the fact that the applicant was not named in the first information report; in the alleged incident no person has received any injury; the name of the applicant was disclosed by co-accused Krishn Pal Yadav in police custody; a 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. 8. In the event of arrest, the applicant- Gaurav Kumar alias Gaurav Saxena be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C., 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 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 S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order.
12. The application stands disposed of.
Order Date :- 5.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad