DHANANJAY KUMAR SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER
NABAIL/5550/2025 · 2025-07-20
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71582 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71582 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:122961 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5550 of 2025 Applicant :- Dhananjay Kumar Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishe Pandey,Raghvendra Pratap Singh Counsel for Opposite Party :- G.A.,Ishwar Kumar Upadhyay,Ramesh Kumar Singh Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicants, Sri Anupam Anand, learned Brief Holder for the State- opposite party, and Sri Ramesh Kumar Singh, learned counsel for the informant, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 42 of 2025, under Sections 191(2), 115(2), 352, 109, 3(5) B.N.S., Police Station Pakari, District Ballia. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. According to the first information report, the incident is alleged to have occurred on 07.05.2025 at 02.00 P.M. In the statement of the informant and four injured, the date and time of the incident is same. However, the discharge slip of District Hospital, Ballia shows that the injured was referred from C.H.C. Khejuri and was admitted on 07.05.2025 at 09.00 A.M. Placing reliance on the said discharge slip, it is contended that the alleged injuries cannot be attributed to the present incident. It is next contended that as per the medical report dated 08.05.2025 of C.H.C. Khejuri, the injured sustained 12 injuries. The injury no. 1 on the head was found to be grievous in nature. The other injuries were found simple in nature. It is contended that vague and general role has been assigned to applicants. The applicants have not been nominated as the principal offender who caused the injury no. 1 to the injured. At this stage there is no credible evidence to link the applicants with the offence. The criminal history of the applicants has been explained in Paragraphs 22-24 of the affidavit. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 4. Learned A.G.A. and learned counsel for the opposite party no. 2 opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Learned counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that according to the first information report the incident is alleged to have occurred on 07.05.2025 at 02.00 P.M., in the statement of the informant and four injured, the date and time of the incident is same, however, the discharge slip of District Hospital, Ballia shows that the injured was referred from C.H.C. Khejuri and was admitted on 07.05.2025 at 09.00 A.M.; as per the medical report dated 08.05.2025 of C.H.C. Khejuri, the injured sustained 12 injuries, out of which injury no. 1 on the head of the injured was found to be grievous in nature and the other injuries were found simple in nature; vague and general role has been assigned to applicants; the applicants have not been nominated as the principal offender who caused the injury no. 1 to the injured; and, at this stage there is no substantive evidence to link the applicants with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants- Dhananjay Kumar Singh and Saurabh Singh 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.
8. 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.
9. 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.
10. 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.
11. The application stands disposed of.
Order Date :- 21.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad