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2025 DAILYLAW 70513 (ALL)

PANKAJ v. STATE OF U.P. AND ANOTHER

NABAIL/5350/2025 · 2025-07-07

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:108189 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5350 of 2025 Applicant :- Pankaj Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rishi Kumar Prajapati,Virendra Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Chandra Bhushan Prasad, Advocate has filed his vakalatnama on behalf of the opposite party no.2, the same are taken on record. 2. Photocopy of the bail orders of Vikram, Kakul @ Rohan and Gurmeet dated 2.7.2025 passed by District and Sessions Judge, Shamli at Kairana, is taken on record. 3. Heard counsel for the applicant as well as Sri V.P. Tripathi, learned A.G.A. for the State and Sri Chandra Bhushan Prasad, counsel for the opposite party no.2. Perused the material placed on record. 4. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.163 of 2025, under sections 109(1), 127(2), 115(2), 3(5) B.N.S., P.S. Jhinjhana, District Shamli. 5. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the first information report, the applicant along with three others are alleged to have assaulted the son of the informant. In the statement of the injured Akash under Section 180 B.N.S. the co-accused Gurmeet and Kakul are alleged to have assaulted the injured-Akash. As per the medical report the injured received six injuries. As per the statement of doctor and supplementary medical report, the injuries received by the injured were on the non-vital part of the body. A vague and general role has been assigned to the applicant. Further, the co-accused Gurmeet and Kakul have been granted bail by the District and Sessions Judge, Shamli at Kairana vide order dated 2.7.2025 passed in Bail Application Nos. 906 of 2025 and 646 of 2025 respectively. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 6. Learned A.G.A. for the State and counsel for the opposite party no.2 have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 8. 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 in the statement of the injured Akash under Section 180 B.N.S., the co-accused Gurmeet and Kakul are alleged to have assaulted the injured-Akash, as per the statement of doctor and supplementary medical report, the injuries received by the injured were on the non-vital part of the body, a vague and general role has been assigned to the applicant, further the co- accused Gurmeet and Kakul have been granted bail by the District and Sessions Judge, Shamli at Kairana, 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. 9. In the event of arrest, the applicant Pankaj 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. 10. 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. 11. 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. 12. 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. 13. The application stands disposed of. Order Date :- 8.7.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad