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2025 DAILYLAW 77276 (ALL)

SULEM AND ANOTHER v. STATE OF U.P.

NABAIL/5787/2025 · 2025-08-07

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134699 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5787 of 2025 Applicant :- Sulem And Another Opposite Party :- State of U.P. Counsel for Applicant :- Shikhar Tandon Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants as well as Sri Anupam Anand, learned brief holder for the State and perused the material placed on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No.173 of 2025, under sections 115(2), 109(1) and 351(3) B.N.S. and 3/25/27 Arms Act, P.S. Parikshitgarh, District Meerut. 3. At the outset, Sri Anupam Anand, learned brief holder submits that he has received instructions from the investigating officer concerned. 4. Counsel for the applicants submits that the applicants were not named in the first information report and have been falsely implicated in the present case. As per the first information report two named accused and two unknown are alleged to have assaulted the informant and Sonu and specific role of firing has been assigned to the co-accused Rehan. As per the medical report, the injuries received by the two injured were simple in nature. No firearm injury was found on the body of the two injured. The name of the applicants was disclosed by co-accused Rehan in police custody. The said statement, insofar as it implicates the applicants, is unreliable. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. It is next submitted that the investigation is going on and the applicants have apprehension of their 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. Learned counsel for the applicants 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 and antecedents of the applicants and the fact that the applicants were not named in the first information report, as per the first information report two named accused and two unknown are alleged to have assaulted the informant and Sonu, further, specific role of firing has also been assigned to the co- accused Rehan, as per the medical report, the injuries received by the two injured were simple in nature, no firearm injury was found on the body of the injured, the name of the applicants was disclosed by co-accused Rehan in police custody, at this stage, there is no substantive evidence to link the applicants with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicants Sulem and Sharik 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them 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 applicants. 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 applicants. 11. The applicants are 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 :- 8.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad