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Neutral Citation No. - 2025:AHC:119244 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5353 of 2025 Applicant :- Shahid Alias Guddu Opposite Party :- State of U.P. Counsel for Applicant :- Ram Chandra Solanki Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant and Sri V.P.Tripathi, learned AGA for the State and perused the material on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 760 of 2019, under Sections 147, 148, 186, 153A, 353, 332, 188 IPC and Section 7 Criminal Law (Amendment) Act, Police Station Kotwali, District Etawah. 4. Counsel for the applicant contends that the applicant was not named in the first information report and has been falsely implicated in the present case. The name of the applicant surfaced during the course of investigation. In the alleged incident, no person has received any injury. Vague and general allegations have been levelled against the applicant. Identically placed co-accused Fakar has been granted anticipatory bail by this Court vide order dated 17.07.2023 passed in Criminal Misc. Anticipatory Bail Application No. 7919 of 2023. At this stage there is no credible evidence to link the applicant with the offence. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, he will not misuse the said liberty. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6.
Having regard to the submissions made, considering the nature
of accusations and antecedents of the applicant, in particular the fact, that the applicant was not named in the first information report; the name of the applicant surfaced during the course of investigation; in the alleged incident, no person has received any injury; vague and general allegations have been levelled against the applicant; identically placed co-accused Fakar has been granted anticipatory bail by this Court; at this stage, there is no substantive evidence to link the applicant with the offence; charge sheet has been submitted, the applicant had co-operated in the investigation, 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. 7. In the event of arrest, the applicant Shahid @ Guddu, 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 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.
8. 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 :- 22.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad