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Neutral Citation No. - 2025:AHC:133180 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6038 of 2025 Applicant :- Gayuur Opposite Party :- State of U.P. Counsel for Applicant :- Sushil Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Copy of C.D. No. 9 dated 04.05.2025 produced by learned AGA for the State, is taken on record. 2. Heard learned counsel for the applicant as well as Sri Neeraj Kumar Sharma, learned AGA for the State, and perused the material placed on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 140 of 2025, under Sections 191(2), 191(3), 109, 76, 352, 351(2), 324(4) B.N.S., Police Station Mansurpur, District Muzaffar Nagar. 4. Learned 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 six named accused are alleged to have assaulted five persons namely; Ms. Zahira, Mehraj, Farzana, Mustakeem and Sazid Ali. Specific role of acting indecently has been assigned to co-accused Shakib and Ashiq. Medical reports of four persons are available in the case diary. Injuries of three persons were found simple in nature. Insofar as the injured Mustakeem is concerned, he received seven injuries; injury no. 1, 2, 4 and 7 were kept under observation and referred for X-ray examination. Rest of the injuries were found simple in nature. As per the supplementary medical report, no abnormality was seen with regard to the injuries no. 1, 2 and 7. Injury no.4 was a fracture of nasal bone. It is contended that although the injury no.4 of Mustakeem was grievous in nature but not dangerous to life. The nature of injury no. 4 shows that there was no intent to murder. 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 pending and the applicant has apprehension of his arrest in the above mentioned case. 5. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned 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 and antecedents of the applicant, in particular the fact, that as per the first information report, the applicant along with six named accused are alleged to have assaulted five persons namely; Ms. Zahira, Mehraj, Farzana, Mustakeem and Sazid Ali; injuries of three persons were found simple in nature; injured Mustakeem received seven injuries; injury no. 1, 2, 4 and 7 were kept under observation and referred for X-ray examination; rest of the injuries were found simple in nature; as per the supplementary medical report, no abnormality was seen with regard to the injuries no. 1, 2 and 7; injury no.4 was a fracture of nasal bone; although the injury no.4 of Mustakeem was grievous in nature but not dangerous to life; 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- Gayuur 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.
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 :- 6.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad