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Neutral Citation No. - 2025:AHC:119414 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5525 of 2025 Applicant :- Ajay Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Abid Ali,Shan Md Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri A.N.Tiwari, Advocate has filed Vakalatnama on behalf of the opposite party no.2-informant. The same is taken on record. 2. Supplementary affidavit filed by the counsel for the applicant, is also taken on record. 3. Heard learned counsel for the applicant, Sri A.N. Tripathi, learned counsel for the informant-opposite party no.2 as well as Sri V.P.Tripathi, learned A.G.A. for the State and perused the material available on record. 4. This application has been filed seeking anticipatory bail in Case Crime No. 148 of 2025, under Sections 115(2), 352, 351(3), 121, 110, 109(1) B.N.S., Police Station Chandausi, District Sambhal. 5. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with three named accused are alleged to have assaulted the brother of the informant and his uncle. As per the medical report as well as supplementary medical report, the injury received by both the injured, were simple in nature. It is contended that the nature of the injuries shows that there was no intent to murder. It is next contended that the applicant and the informant have entered into a compromise. Copy of the compromise deed dated 11.07.2025 annexed as Annexure-SA-1 to the supplementary affidavit. At this stage, there is no credible evidence to link the applicant with the offence. Further, the applicant has no criminal antecedents. The investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 6. Learned A.G.A. and the counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7.
Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that as per the medical report as well as supplementary medical report, the injury received by both the injured
were simple in nature; at this stage, there is no substantive evidence to link the applicant with the offence; without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 8. In the event of arrest, the applicant Ajay 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 from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency 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 they 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 313 of Cr.P.C.
9.
In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. Order Date :- 22.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad