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Neutral Citation No. - 2025:AHC:130584 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5937 of 2025 Applicant :- Suraj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Nath Bhatt Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Copy of the statement of the doctor produced by Sri V.P. Tripathi, learned A.G.A. is taken on record. 3. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 4. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.156 of 2025, under Sections 109, 115(2), 126(2), 352, 351(2) B.N.S., Police Station- Bachharau, District- Amroha. 5. 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 three other named accused are alleged to have assaulted the nephew of the informant namely Sudhir. As per the medical report, the injured sustained seven injuries. As per the statement of the doctor, the injuries were simple in nature. Further, during the course of investigation the injured filed an affidavit dated 28.7.2025 before the Superintendent of Police, Amroha that the applicant and other named accused did not assault him. The said affidavit is annexed as SA-1 to the supplementary affidavit. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. Investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 6. Learned A.G.A. has opposed the prayer for anticipatory bail but
could not satisfactorily dispute the aforesaid submissions from the record. 7.
Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and, in particular, the fact that as per the statement of the doctor, the injuries sustained by the injured were simple in nature; during the course of investigation the injured filed an affidavit dated 28.7.2025 before the Superintendent of Police, Amroha that the applicant and other named accused did not assault him; 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. 8. In the event of arrest, the applicant - Suraj Kumar, 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 applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S.
9. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
10. The application stands disposed of.
Order Date :- 4.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad