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2025 DAILYLAW 77834 (ALL)

KAMMO AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/5906/2025 · 2025-08-06

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134101 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5906 of 2025 Applicant :- Kammo And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Syed Riyaz Askari Counsel for Opposite Party :- C.D.Mishra,G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants and Sri C.D. Mishra, counsel for the informant as well as Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 50 of 2024, under Sections 307, 323, 504, 506, 325 I.P.C., Police Station- Bhopa, District- Muzaffar Nagar, during the pendency of trial. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, co-accused Abdul Salam and Amir armed with a sharp edged weapon, assaulted two persons namely Jahid Ali and Wajid Ali @ Babbu. As per the medical report of injured Jahid Ali, he received four injuries. Injury nos.2 and 4 were simple in nature. Injury nos.1 and 3 were referred for x-ray examination. As per the x-ray report, injury no.1 was simple in nature, whereas injury no.3 was a fracture of right ulna. The other injured Wahid Ali received three injuries. Injury nos.1 and 3 were simple in nature. Injury no.2 was referred for x-ray examination. As per the supplementary report, fracture of left forearm of ulna was found. It is contended that although the injury no.3 of Jahid Ali and injury no.2 of Wahid Ali were found grievous in nature but not dangerous to life. Vague and general allegations have been levelled against the applicants. The nature of injuries shows that there was no intent to murder. The applicants have not been nominated as the principal offender, who caused grievous injuries to the two injured. During the course of investigation, the applicants were granted anticipatory bail till submission of police report by this Court vide order dated 20.5.2024 passed in Criminal Misc. Anticipatory Bail Application No.5037 of 2024 (Kammo and another vs. State of U.P. and another). Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. The applicants have been summoned by the concerned Court. No custodial interrogation is required. The applicants are ladies and have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. as well as counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicants, and the fact that as per the first information report, co-accused Abdul Salam and Amir armed with sharp edged weapon, assaulted two persons namely Jahid Ali and Wajid Ali @ Babbu; although the injury no.3 of Jahid Ali and injury no.2 of Wahid Ali were found grievous in nature but not dangerous to life; vague and general allegations have been levelled against the applicants; the applicants have not been nominated as the principal offender, who caused grievous injuries to the two injured; during the course of investigation, the applicants were granted anticipatory bail till submission of police report by this Court vide order dated 20.5.2024; investigation has been completed; charge sheet has been filed; the applicants had cooperated in the investigation; the applicants have been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicants Kammo and Rozy Parveen, 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (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; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. Order Date :- 7.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad