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2025 DAILYLAW 81197 (ALL)

SACHIN AND ANOTHER v. STATE OF U.P.

NABAIL/6123/2025 · 2025-08-07

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:134369 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6123 of 2025 Applicant :- Sachin And Another Opposite Party :- State of U.P. Counsel for Applicant :- Manoj Kumar Tripathi,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of medical report of injured Dinesh Kumar produced by learned AGA, is taken on record. 2. Heard learned counsel for the applicants as well as Sri V.P.Tripathi, 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. 206 of 2025, under Sections 191(2), 191(3), 190, 109(1), 351(2) B.N.S., Police Station Najibabad, District Bijnor. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report 12 accused including the applicants are alleged to have assaulted the informant. As per the medical report, the injured sustained nine injuries. The injuries no. 2, 7, 8 and 9 were simple in nature. The injuries no. 1, 3, 4, 5 and 6 were referred for x-ray examination. No supplementary medical report is available in the case diary. The said injuries are on non vital parts of the body. Vague and general allegations have been levelled against the applicants. At this stage, there is no credible evidence to link the applicants with the offences. The criminal history of the applicant no.1 has been explained in para 22 of the affidavit, whereas the applicant no.2 has no criminal antecedents. It is next submitted that the investigation is pending and the applicants have apprehension of their 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 applicants 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 applicants, in particular the fact, that the as per the medical report, the injured sustained nine injuries; the injuries no. 2, 7, 8 and 9 were simple in nature; the injuries no. 1, 3, 4, 5 and 6 were referred for x-ray examination; no supplementary medical report is available in the case diary; the said injuries are on non vital parts of the body; vague and general allegations have been levelled against the applicants; at this stage, there is no substantive evidence to link the applicants with the offences; without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 8. In the event of arrest, the applicants- Sachin and Prince 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 applicants shall make themselves available for interrogation by a police officer as and when required; (ii) The applicants 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 or to any police officer; (iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them 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 applicants. 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 applicants. 11. The applicants are 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 :- 8.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad