Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 69261 (ALL)

SANDEEP ALIAS HAJARI v. STATE OF U.P. AND ANOTHER

NABAIL/5131/2025 · 2025-07-20

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:118010 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5131 of 2025 Applicant :- Sandeep Alias Hajari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nipun Singh,Vivek Chaturvedi Counsel for Opposite Party :- Kuldeep Tripathi, Shiv Shanker Mishra,G.A. Hon'ble Vivek Varma,J. Order on Civil Misc. Amendment Application No. 2 of 2025 1. Heard Sri Nipun Singh learned counsel for the applicant, Sri Shiv Shanker Mishra, learned counsel for the informant and Sri V.P. Tripathi, learned AGA for the State. 2. The amendment application is allowed. 3. Let the necessary amendments be carried out during the course of the day. Order on Bail 1.Heard counsel for the applicant, counsel for the informant and learned AGA for the State. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 111 of 2021, under Sections 147, 148, 149, 452, 307, 323, 324, 332, 353, 427 IPC, Police Station- Bhaurakalan, District- Muzaffarnagar. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the First Information Report, nine accused including the applicant are alleged to have assaulted five persons. As per medical report, the injuries sustained by five injured were simple in nature. It is contended that the nature of injuries shows that there was no intent to murder. The statement of the injured persons were recorded after almost one year of the alleged incident on 04.06.2022, 27.06.2022, 01.09.2022 and 02.09.2022 respectively. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated 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, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the fact that as per medical report, the injuries sustained by five injured were simple in nature, the nature of injuries shows that there was no intent to murder, the statement of the injured persons were recorded after almost one year of the alleged incident, at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, the applicant had cooperated in the investigation and 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. 6. In the event of arrest, the applicant Sandeep Alias Hajari, 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. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 21.7.2025 NSC (Vivek Varma, J.) Digitally signed by :- NARENDRA SINGH CHAUDHARY High Court of Judicature at Allahabad