RAVI ALIAS RABIN KUMAR v. STATE OF U.P. AND ANOTHER
NABAIL/6115/2025 · 2025-07-31
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 80627 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 80627 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:128788 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6115 of 2025 Applicant :- Ravi Alias Rabin Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Joshi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 113 of 2022, under sections 325, 326, 307/34 I.P.C., Police Station- Bachchrayun, District- Amroha. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the instant case. After investigation final report in favour of the applicant was submitted by the Investigation Officer. The applicant has been summoned by the trial court under Section 319 Cr.P.C. vide order dated 18.01.2025. It is contended that as per the first information report, four persons including the applicant are alleged to have caused firearm injury to the sister of the informant namely Puspha. As per the medical report, the injured received five injuries. The injury no. 1 on the eye was found grievous in nature. Rest of the injuries were on non-vital part of the body. During the course of trial, the injured was examined as P.W.-2. She stated that the shot fired by the applicant had caused injury on her shoulder. The nature of the injury caused by the applicant shows that there was no intent to murder. It is next contended that the proceedings with regard to the co-accused Gurendra @ Golu (husband of the informant) has been stayed by this Court vide order dated 15.04.2024 passed in Criminal Revision No. 70 of 2024 (Gurendra @ Golu vs. State of U.P. and another). Further, the co-accused Kallu Singh has been granted bail by this Court vide order dated 17.1.2024 passed in Criminal Misc. Bail Application No. 14850 of 2023 (Kallu Singh vs. State of U.P.). Investigation has been completed. The applicant had cooperated in the investigation. Charge-sheet has been filed. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4.
Learned A.G.A. has 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 learned counsel for the applicant,
considering the nature of accusations, antecedents of the applicant and the fact that during the course of trial, the injured was examined as P.W.-2, she stated that the shot fired by the applicant had caused injury on her shoulder, the nature of the injury caused by the applicant shows that there was no intent to murder, the fact that the proceedings with regard to the co-accused Gurendra @ Golu (husband of the informant) has been stayed by this Court, the co-accused Kallu Singh has been granted bail by this Court, at this stage, there is no substantive evidence against the applicant, charge-sheet has been filed, the applicant had cooperated in the investigation and no custodial interrogation is required, 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 Ravi Alias Rabin 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 make himself available on each date fixed in the matter by the court concerned; (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 from disclosing such facts to the Court; (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 concerned court. 7.
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 :- 1.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad