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2025 DAILYLAW 70657 (ALL)

DHIRAJ @ DHEERU CHATURVEDI v. STATE OF U.P. AND ANOTHER

NABAIL/5342/2025 · 2025-07-14

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113124 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5342 of 2025 Applicant :- Dhiraj @ Dheeru Chaturvedi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Sengar Counsel for Opposite Party :- G.A.,Satya Prakash Chaturvedi Hon'ble Vivek Varma,J. 1. Counter affidavit filed by Sri Satya Prakash Chaturvedi, counsel for the complainant is taken on record. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State, counsel for the complainant and perused the material on record. 3. This application has been filed seeking anticipatory bail in Complainant Case No. 0070 of 2024 (Arvind Chaube vs. Dhiraj @ Dheeru Chaturvedi and others) under Sections 323, 307, 506, 392 of I.P.C., Police Station- Kotwali Jalaun, District- Jalaun. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. As per the allegations in the complaint, the applicant is alleged to have assaulted the complainant. As per the medical report, the complainant received six injuries. All the injuries were simple in nature except injury no. 2. The injury no. 2 was referred for x-ray examination. No x-ray report is annexed with the complaint. It is next contended that the applicant has also lodged the first information report on 11.04.2024, prior to the filing of complaint, against the brother of the complainant and his family members registered as Case Crime No. 0099 of 2024 under Sections 323, 504, 506 I.P.C., Police Station- Jalaun, District- Jalaun. In the alleged incident, the applicant has also received injuries. At this stage, there is no clarity with regard to the role of the applicant. It is next contended that the co-accused Shivam Chaturvedi, Satyam Chaturvedi, Govind Narayan, Ram Shankar Chaturvedi and Minesh Kumar have been granted anticipatory bail by this Court vide order dated 26.06.2025 passed in Criminal Misc. Anticipatory Bail Application No. 4796 of 2025 (Shivam Chaturvedi and 4 others vs. State of U.P. and Another). The applicant claims parity. 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. 5. Learned A.G.A. and counsel for the complainant have 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 applicant, considering the nature of accusations, antecedents of the applicant and the fact that the applicant has lodged a first information report against the brother of the complainant and his family members prior to the present complaint, further, in the alleged incident, the applicant has also received injuries, at this stage, there is no clarity with regard to the role of the applicant, further, the co-accused Shivam Chaturvedi, Satyam Chaturvedi, Govind Narayan, Ram Shankar Chaturvedi and Minesh Kumar have been granted anticipatory bail by this Court, the applicant has been summoned by the concerned court 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. 7. In the event of arrest, the applicant Dhiraj @ Dheeru Chaturvedi, 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 :- 15.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad