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2025 DAILYLAW 82836 (ALL)

MONU KUMAR YADAV v. STATE OF U.P. AND ANOTHER

NABAIL/6257/2025 · 2025-08-05

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:133074 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6257 of 2025 Applicant :- Monu Kumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Yadav,Subhash Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State. Perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 203 of 2025, under Sections 109, 115(2), 351(2), 191(2) B.N.S., Police Station -Gauri Bazar, District - Deoria. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, three named accused including the applicant and 4-5 unknown persons are alleged to have assaulted the informant Rajnishwar Mani Tripathi and Sushant Mani Tripathi. As per the medical report of the injured Sushant Mani Tripathi, he received 13 injuries, which were simple in nature. The informant Rajnishwar Mani Tripathi received 8 injuries. As per the supplementary medical report, he received a fracture of left forearm. It is contended that although one of the injuries received by the informant was grievous in nature but not dangerous to life. The nature of injuries shows that there was no intent to murder. Vague and general allegations have been levelled against the applicant. The applicant has not been nominated as the principal offender, who caused grievous injury to the informant. 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.21 of the paper book. It is next submitted that the investigation is going on and 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. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that as per the medical report, the injuries received by the injured Sushant Mani Tripathi were simple in nature; although one of the injuries received by the informant- Rajnishwar Mani Tripathi was grievous in nature but not dangerous to life, vague and general allegations have been levelled against the applicant, the applicant has not been nominated as the principal offender, who caused grievous injury to the informant, 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 till the submission of police report. 7. In the event of arrest, the applicant- Monu Kumar Yadav be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193(3) B.N.S.S., 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 applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 8. 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 applicant. 9. 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 applicant. 10. The applicant is 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. 11. The application stands disposed of. Order Date :- 6.8.2025 Manish Kr Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad