Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 73941 (ALL)

UJJWAL BAISLA v. STATE OF U.P. AND ANOTHER

NABAIL/5570/2025 · 2025-07-14

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:113292 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5570 of 2025 Applicant :- Ujjwal Baisla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant as well as Sri Nagendra Mishra, learned brief holder for the State, and perused the material placed on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 287 of 2024, under Sections 191(2), 191(3), 115(2), 351(2), 109, 190, 117(2) B.N.S., Police Station Transportnagar, District Meerut. 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, 15-20 unknown persons are alleged to have assaulted the son of the informant namely Aman. As per the medical report, the injured received six injuries. The injury nos. 1, 3, 4 and 6 were simple in nature. The injury nos. 2 and 5 were referred for X-ray examination. As per the report of the radiologist, no abnormality was seen with regard to the injury no.2. The injury no.6 was a fracture of fibula bone. It is contended that the injury no. 5 was although grievous in nature but not dangerous to life. The name of the applicant surfaced in the statements of the informant and the injured. Vague and general role has been assigned to the applicant. The applicant was not nominated as the principal offender, who caused the injury no.5 to the injured. The nature of the injury shows that there was no intent to murder. At this stage, there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in para 23 of the affidavit. It is next submitted that the investigation is pending and 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. Learned counsel for the applicant 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 applicant, in particular the fact, that the applicant was not named in the first information report, the name of the applicant surfaced in the statement of the informant and the injured Aman; as per the medical report, the injured received six injuries; the injury nos. 1, 3, 4 and 6 were simple in nature; the injuries no. 2 and 5 were referred for X-ray examination, as per the report of the radiologist, no abnormality was seen with regard to the injury no.2, the injury no.6 was a fracture of fibula bone; vague and general role has been assigned to the applicant; the applicant was not nominated as the principal offender, who caused the injury no.5 to the injured; 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 till the submission of police report. 7. In the event of arrest, the applicant- Ujjwal Baisla be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, 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 applicant shall make himself available for interrogation by a police officer as and when required; (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 India without the previous permission of the Court and if he has passport, the same shall be deposited by him 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 applicant. 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 applicant. 10. The applicant is 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 :- 15.7.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad