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Neutral Citation No. - 2025:AHC:138323 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5499 of 2025 Applicant :- Neelesh Opposite Party :- State of U.P. Counsel for Applicant :- Dhirpal Singh,S.M.Faraz I. Kazmi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit, filed by the counsel for the applicant, is taken on record. 2. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 3. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.0119 of 2025, under sections 118(1), 333, 115(2), 352, 351(3), 109(1) B.N.S., P.S. Mohammdabad, District Farrukhabad. 4. 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 two named accused is alleged to have assaulted the informant-Ram Nath Singh and Mohini Yadav. As per the medical report of the informant he received six injuries. Injury no.5 was simple in nature. Injury nos. 1, 2, 3 and 4 were referred for x-ray examination. No supplementary medical report is available in the case diary. The said injuries were on non-vital part of the body. As per medical report of Mohini Yadav, she had pain over whole abdomen. No supplementary report of Mohini is available in the case diary. In the additional statement of the two injured specific role of assault has been assigned to Shubham @ Suvi. It is contended that Shubham @ Suvi has been granted bail by this Court vide order dated 30.7.2025 passed in Criminal Misc. Bail Application No. 25334 of 2025. At this stage there is no credible evidence against the applicant. The criminal history of the applicant has been explained in para 11 of the supplementary affidavit. Investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. for the State opposed the prayer for anticipatory
bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and the fact that as per the medical report of the informant he received six injuries, injury no.5 was simple in nature, injury nos.
1, 2, 3 and 4 were referred for x-ray examination, the said injuries were on non-vital part of the body, no x-ray report is available in the case diary, as per medical report of Mohini Yadav only complaint of pain over whole abdomen was recorded, the fact that in the additional statement of the two injured specific role of assault has been assigned to Shubham @ Suvi, at this stage, there is no substantive evidence to link the applicant with the offence, Shubham @ Suvi has been granted bail by this Court, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Neelesh, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 him from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the pendency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial
court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.
8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
9. The application stands disposed of.
Order Date :- 13.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad