SHAILESH KUMAR MAURYA v. STATE OF U.P. AND ANOTHER
NABAIL/5555/2025 · 2025-07-14
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 74295 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 74295 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:114235 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5555 of 2025 Applicant :- Shailesh Kumar Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anupam Shyam Dwivedi,Sudhir Dixit Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Sri Sandeep Kumar Gupta and Sri Mool Chandra Maurya, Advocates have filed Vakalatnama on behalf of the informant. The same is taken on record. 2. Heard counsel for the applicant, counsel for the informant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State- opposite party. Perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 239 of 2025, under Sections 352, 109, 131, 110, 351(2), 115(2), 3(5) B.N.S., Police Station- Naini, District -Prayagraj. 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 are alleged to have assaulted Vinod Kumar Sahu, Ved Sahu and Sangeeta. As per the medical reports, Vinod Kumar Sahu and Ved Sahu received injuries which were simple in nature. As per the medical report of injured Sangeeta, she received three injuries, which were referred for x-ray examination. As per the x-ray report, fracture of lower mandible of right side was seen. It is contended that the said injury was although grievous in nature but not dangerous to life. Vague and general allegations have been levelled against the applicant. It is next contended that from the side of applicant two persons, namely Ashish and Shiv Kumar Maurya received injuries. Shiv Kumar Maurya received a fracture of little finger of right hand. The aggressor is still to be ascertained. The mother of the co- accused Ashish Kumar has filed an application under Section 175(3) of B.N.S.S. for registration of the first information report. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents.It is next submitted that the investigation is going on and the applicant
has apprehension of his arrest in the above mentioned case. 5. Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6.
Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that as per the medical reports, Vinod Kumar Sahu and Ved Sahu received injuries which were simple in nature; as per the medical report of injured Sangeeta, she received three injuries, which were referred for x-ray examination; as per the x-ray report, fracture of lower mandible of right side was seen; the said injury was although grievous in nature but not dangerous to life; vague and general allegations have been levelled against the applicant; from the side of applicant two persons, namely Ashish and Shiv Kumar Maurya received injuries; the mother of the co-accused Ashish Kumar has filed an application under Section 175(3) of B.N.S.S. for registration of the first information report; 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. 8. In the event of arrest, the applicant- Shailesh Kumar Maurya be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., 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 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.
9. 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.
10. 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.
11. 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.
12. The application stands disposed of.
Order Date :- 15.7.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad