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2025 DAILYLAW 80605 (ALL)

JATA SHANKAR ALIAS NAKHRU v. STATE OF U.P. AND ANOTHER

NABAIL/6110/2025 · 2025-07-31

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:128733 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6110 of 2025 Applicant :- Jata Shankar Alias Nakhru Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Sri Suraj Kumar Singh, Advocate has filed vakalatnama on behalf of opposite party no. 2. The same is taken on record. 2. Heard counsel for the applicant, counsel for the opposite party no. 2/ informant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 3. The present application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 30 of 2025, under Sections 316(2), 338, 336(3), 340(2), 61(2) of B.N.S., Police Station- Rohaniya, District- Varanasi. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. A registered deed was executed by the informant in favour of co-accused Abhishek Yadav and Sandeep Patel. The applicant has no concern with the execution of alleged deed. The applicant is neither the witness nor the beneficiary of the alleged deed. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 5. Learned A.G.A. and counsel for the opposite party no. 2 have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that a registered deed was executed by the informant in favour of co- accused Abhishek Yadav and Sandeep Patel, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Jata Shankar Alias Nakhru, 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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. Order Date :- 1.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad