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Neutral Citation No. - 2025:AHC:140059 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6058 of 2025 Applicant :- Aman Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Singh Counsel for Opposite Party :- Anand Prakash Dubey,G.A.,Manoj Kumar Singh,Prashant Kumar Dubey Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant and Sri Anand Prakash Dubey, counsel for the informant as well as Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.188 of 2025, under Section 333, 131, 115(2), 351(2), 125, 109(1) of B.N.S., Police Station- Kothor, District- Meerut. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 26.4.2025. The first information report was lodged on 28.4.2025. The delay is fatal to the prosecution case. As per the first information report, the applicant along with two other named accused is alleged to have assaulted the informant and his brother. Vague and general allegations have been levelled against the applicant. As per the medical report of the two injured, the injures were simple in nature. It is contended that the nature of injuries shows that there was no intent to murder. At this stage there is no credible evidence to link the applicant with the offence. Criminal history of the applicant has been explained in para no.19 of the bail application. 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. 4. 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. 5.
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 the first
information report has been lodged belatedly, vague and general allegations have been levelled against the applicant; as per the medical report of the two injured, the injures were simple in nature, 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. 6. In the event of arrest, the applicant Aman, 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.
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 :- 18.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad