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Neutral Citation No. - 2025:AHC:117681 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5722 of 2025 Applicant :- Shiv Kumar And 6 Others Opposite Party :- State of U.P. Counsel for Applicant :- Sanjay Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Copy of statement of the doctor produced by Sri V.P. Tripathi, learned A.G.A. for the State is taken on record. 2. Heard counsel for the applicants, learned A.G.A. for the State and perused the material placed on record. 3. The instant application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 100 of 2025 under Sections 191(2), 191(3), 190, 352, 115(2), 351(3), 333, 326(g), 3(5) B.N.S., Police Station- Jaswant Nagar, District- Etawah. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, the applicants along with four others are alleged to have assaulted the informant-Vimlesh and his brother-Awadhesh. As per the case diary, medical report of four persons are available. The injuries sustained by three injured were simple in nature. The informant-Vimlesh received five injuries. The injury no. 1 on the head and the injury no. 3 on the forearm were referred for x-ray examination. As per the statement of the doctor, the injury nos. 1 and 3 were grievous in nature. It is contended that the author of the injury caused on the head and forearm of the informant is not known. A vague and general role has been assigned to the applicants. It is next contended that it is a cross case. The applicant no. 4 has also lodged an F.I.R. against the informant and others registered as Case Crime No. 0099 of 2025 under Sections 191(2), 191(3), 190, 352, 115(2), 333, 74, 109, 326(g), 3(5) B.N.S., Police Station- Jaswant Nagar, District- Etawah. The aggressor is still to ascertained. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. The investigation is still pending.The applicants have apprehension of their arrest and in case, the applicants are granted anticipatory bail, they 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.
Counsel for the applicants further submits that the application for grant of
anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants and the fact that the author of the injury caused on the head and forearm of the informant is not known, a vague and general role has been assigned to the applicants, the fact that it is a cross case, the applicant no. 4 has also lodged an F.I.R. against the informant and others, at this stage, there is no substantive evidence against the applicants, 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. 8. In the event of arrest, the applicants, Shiv Kumar, Dheeraj, Benche Lal, Ashwani, Nitin, Shivam and Rohit 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 applicants shall make themselves available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 9. 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 applicants. 10.
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 applicants. 11. The applicants are 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.
12. The application stands disposed of.
Order Date :- 21.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad