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2025 DAILYLAW 68669 (ALL)

ARVIND AND 3 OTHERS v. STATE OF U.P.

NABAIL/5369/2025 · 2025-07-08

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:109591 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5369 of 2025 Applicant :- Arvind And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicants and Sri V.P. 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. 153 of 2021, under Sections 323, 308, 452, 506 I.PC., Police Station Phapund, District Auraiya. 3. At the outset learned counsel for the applicant prays for withdrawal of the present application on behalf of the applicant no. 2- Alok. Accordingly, the application is dismissed as withdrawn in respect of the applicant no. 2. 4. Insofar as the applicant nos. 1, 3 and 4 are concerned, learned counsel for the applicants submits that the applicants have been falsely implicated in the instant case. Vague and general allegations have been levelled. In the alleged incident three persons namely Anushka, Ravindra Kumar and Mayank received injuries. The injuries received by Anushka and Ravindra Kumar were found simple in nature. The injured Mayank received a fracture on left parietal bone. In the statement of Mayank specific role of causing injury on his head has been assigned to co-accused Alok. The case of the applicants is clearly distinguishable from that of Alok. The investigation has been completed. Charge-sheet has been submitted. The applicants had cooperated in the investigated. No custodial interrogation is required. The applicants have been summoned by the court concerned. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. 5. Learned A.G.A. 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 applicants, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that vague and general allegations have been levelled; the injuries received by Anushka and Ravindra Kumar were found simple in nature; the injured Mayank received a fracture on left parietal bone; in the statement of Mayank specific role of causing injury on his head has been assigned to co-accused Alok; the investigation has been completed; the applicants had cooperated in the investigated, and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants- Arvind, Alok, Dheeraj and Vipin Kumar, 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 applicants shall make themselves available on each and every date fixed in the matter by the court concerned; (ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the concerned court. 8. Further, 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 :- 9.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad