UMA KANT AND ANOTHER v. STATE OF U.P. AND 2 OTHERS
NABAIL/6363/2025 · 2025-08-07
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 83361 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 83361 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:134238
Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6363 of 2025 Applicant :- Uma Kant And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pavan Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J.
1. Heard counsel for the applicants as well as Sri V.P.Tripathi, learned AGA for the State, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 23 of 2025, under Sections 115(2), 119(1), 324(4), 352, 351(3) B.N.S. and Sections 2/3 of Prevention of Damage to Public Property Act, Police Station Lahchura, District Jhansi. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the allegations in the first information report, the applicants along with two others are alleged to have assaulted the informant-Suraj Patel and his son Rahul Patel. As per the medical report of both the injured, the injuries sustained by them were simple in nature. A vague role has been assigned to the applicants. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have 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. 4. Learned AGA opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicants 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 and antecedents of the applicants, in particular the fact, that as per the medical report of both the injured, the injuries
sustained by them were simple in nature, a vague role has been assigned to the applicants, at this stage, there is no substantive evidence to link the applicants with the offence, 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. 7.
7. In the event of arrest, the applicants- Uma Kant (son of Gajraj) and Karan Singh alias Chanchal 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 him 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.
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 applicants.
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 applicants.
10. 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.
11. The application stands disposed of.
Order Date :- 8.8.2025 Sachin Mishra Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad