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2025 DAILYLAW 71782 (ALL)

SHYAM JI v. STATE OF U.P. AND ANOTHER

NABAIL/5541/2025 · 2025-07-20

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:118275 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5541 of 2025 Applicant :- Shyam Ji Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar,Rajeev Chaddha Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant and Sri Nagendra Kumar Mishra, learned Brief Holder for the State- opposite party, and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 362 of 2024, under Sections 191(2), 191(3), 190, 109(1), 126(2), 352, 125, 324(4), 3(5) B.N.S., Police Station Rura, District Kanpur Dehat. 3. Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. As per the first information report, four named co-accused and 20-30 unknown persons are alleged to have surrounded the brother of the informant. When the informant tried to intervene, the accused persons hurled stones and bricks at the informant's vehicle. In the alleged incident no person has received any injury. No medical report is available in the case diary. The name of the applicant surfaced during the course of investigation. Vague and general allegations have been levelled. During the course of investigation, the applicant was granted protection till the submission of police report by this Court vide order dated 20.12.2024 passed in Criminal Misc. Writ Petition No. 23070 of 2024, Shyam Ji v. State of U.P. and others. Investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the court concerned. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. 4. Learned Brief Holder for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that the applicant was not named in the first information report; in the alleged incident no person has received any injury; no medical report is available in the case diary; the name of the applicant surfaced during the course of investigation; vague and general allegations have been levelled; during the course of investigation the applicant was granted protection till the submission of police report; investigation has been completed; the applicant had cooperated in the investigation; 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. 6. In the event of arrest, the applicant- Shyam Ji, 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 and every 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. 7. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 21.7.2025 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad