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2025 DAILYLAW 67552 (ALL)

RAM BAHADUR SINGH v. STATE OF U.P.

NABAIL/4962/2025 · 2025-08-13

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:139907 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4962 of 2025 Applicant :- Ram Bahadur Singh Opposite Party :- State of U.P. Counsel for Applicant :- Satya Dheer Singh Jadaun Counsel for Opposite Party :- Sunil Kumar Gaur,G.A.,Vinod Kr Pandey Hon'ble Vivek Varma,J. 1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party, and Sri Sunil Kumar Gaur, learned counsel for the informant, and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 139 of 2025, under Sections 109, 110, 190, 191(3), 118, 351(2), 352, 333 B.N.S., Police Station Phoolpur, District Prayagraj. 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 four named accused is alleged to have assaulted the brother of the informant namely Ravindra Kumar Gaur and three family members. As per the case diary, only two persons received injuries. Injured- Ravindra Kumar Gaur received three injuries. Injury No. 3 was simple in nature, whereas injury nos. 1 and 2 on the head were referred for X-ray and CT Scan. As per the supplementary medical report, injury nos. 1 and 2 were found grievous in nature. In the statement of the injured Ravindra Kumar Gaur specific role of assault has been assigned to co-accused Parth Singh. The other injured- Hari Lal received six injuries. All the injuries were simple in nature except injury no. 4, which was referred for X-ray examination. No medical report with regard to injury no. 4 is available in the case diary. As per the video footage of the alleged incident no overact has been assigned to the applicant. Co-accused Parth Singh has been granted bail by this Court vide order dated 22.07.2025 passed in Criminal Misc. Bail Application No. 24193 of 2025, Parth Singh v. State of U.P.. At this stage there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in Paragraph- 24 of the affidavit and Pargraph-3 of the supplementary affidavit. 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. and learned counsel for the informant 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 and, in particular, the fact that as per the first information report four persons received injuries, whereas as per the case diary, only two persons received injuries; in the statement of the injured Ravindra Kumar Gaur specific role of assault has been assigned to co-accused Parth Singh; injured- Hari Lal received six injuries, all the injuries were simple in nature except injury no. 4, which was referred for X-ray examination; no medical report with regard to injury no. 4 is available in the case diary; as per the video footage of the alleged incident no overact has been assigned to the applicant; co-accused Parth Singh has been granted bail by this Court; and, 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- Ram Bahadur Singh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., 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 :- 14.8.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad