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Neutral Citation No. - 2025:AHC:110251 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5468 of 2025 Applicant :- Anurag Alias Satyapal Opposite Party :- State of U.P. Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard learned counsel for the applicant and Sri Rupak Chaubey, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 671 of 2022, under Sections 307, 336, 506 IPC, Section 3/25 Arms Act and Section 7 Criminal Law (Amendment) Act, Police Station Khair, District Aligarh. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. Initially, the first information report was lodged under Section 506 IPC and Section 3/25 Arms Act. The applicant was granted bail by the court concerned under the aforesaid sections. Thereafter, the informant submitted an application to the Station House Officer Khair, District Aligarh with the allegation that the applicant had also fired at the daughter of the informant. It is submitted that the said application has been made to aggravate the offence and save the failing prosecution case. In the alleged incident, no person has received any injury. No medical report is available in the case diary. At this stage there is no credible evidence to link the applicant with the offence. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. 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 till conclusion of trial, he will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, in particular the fact, that initially the first information report was lodged under Section 506 IPC and Section 3/25 Arms Act; the applicant was granted bail under the aforesaid sections; thereafter, the informant submitted an application to the Station House Officer Khair, District Aligarh with the allegation that the applicant had also fired at the daughter of the informant; in the alleged incident, no person has received any injury; at this stage, there is no substantive evidence to link the applicant with the offence; charge sheet has been submitted, the applicant had co-operated 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 Anurag @ Satyapal, 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.
7. 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 :- 10.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad