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2025 DAILYLAW 71416 (ALL)

KHALID v. STATE OF U.P. AND ANOTHER

NABAIL/5349/2025 · 2025-07-14

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113153 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5349 of 2025 Applicant :- Khalid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Prasad Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Abhishek K. Srivastava, Advocate has filed his vakalatnama on behalf of the informant. The same is taken on record. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State, counsel for the informant and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 232 of 2025, under Sections 191(2), 190, 333, 115(2), 117(2), 109(1), 351(3) of I.P.C., Police Station- Chandpur, District- Bijnor. 4. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with four others are alleged to have assaulted Suban, Hina, Danish and Saddam. A vague and general role has been assigned to the applicant. It is next contended that the co-accused Khalid has also lodged a first information report on 25.04.2025 prior to the lodging of the present F.I.R. against the relatives of the informant registered as Case Crime No. 0231 of 2025, under Sections 115(2), 352, 351(3) of B.N.S., Police Station- Chandpur, District- Bijnor. In counterblast to the said proceedings, the instant prosecution has been instituted. It is next contended that the investigation is pending. During the course of investigation, the parties have entered into compromise. A copy of compromise is annexed as page 8 to the paper book. It is next contended that considering the aforesaid compromise, this court has granted anticipatory bail to the co-accused Kurban vide order dated 25.06.2025 passed in Criminal Misc. Anticipatory Bail Application No. 4447 of 2025 (Kurban vs. State of U.P. and another). The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 5. Counsel for the opposite party no. 2/informant does not dispute the submissions raised by counsel for the applicant. He submits that the informant has no objection to the grant of anticipatory bail to the applicant. 6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. 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, considering the nature of accusations, antecedents of the applicant and the fact that a vague and general role has been assigned to the applicant, the co-accused Khalid has also lodged a first information report prior to the lodging of the present F.I.R., during the course of investigation, the parties have entered into compromise, the co-accused Kurban has been granted anticipatory bail by this Court, at this stage, there is no substantive evidence against the applicant, 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- Khalid 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 :- 15.7.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad