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2025 DAILYLAW 83936 (ALL)

TANNU ALIAS TANU AND ANOTHER v. STATE OF U.P.

NABAIL/6396/2025 · 2025-08-17

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140352 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6396 of 2025 Applicant :- Tannu Alias Tanu And Another Opposite Party :- State of U.P. Counsel for Applicant :- Atul Kumar Dubey,Binod Kumar Mishra,Kunwar Gaurav Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of the medical report of the injured produced by learned AGA, is taken on record. 2. Heard learned counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA and perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 221 of 2025, under sections 109(1), 115(2), 351(2), 352 BNS, Police Station Kotwali City, District- Bijnor. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, the applicants along with two named co-accused are alleged to have assaulted Surendra. As per the medical report, the injured sustained three injuries. The injury no. 2 was simple in nature, whereas the injury no. 1 on the head and injury no. 3 on left ankle were referred for NCCT head and X-ray examination. According to the supplementary medical report 'Comminuted fracture of frontal bone on right side with fracture of right supra orbital ridge with associated frontal hemosinus on right side' was noted and as per the x-ray report fracture of 5th metatarsal bone of left front was seen. In the statement of injured, specific role of causing head injury, has been assigned to co-accused Ankit. The co-accused Ankit has been granted bail by the Sessions Judge, Bijnor vide order dated 09.05.2025 passed in Bail Application No. 2156 of 2025. Vague and general role has been assigned to the applicant. 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 going on and the applicants have apprehension of their arrest in the above mentioned case. 5. Learned A.G.A. 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 the police report. 7. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicants, in particular of the fact, that as per the first information report, the applicants along with two named co-accused are alleged to have assaulted Surendra; as per the medical report, the injured sustained three injuries; the injury no. 2 was simple in nature, whereas the injury no. 1 on the head and injury no. 3 on the left ankle were referred for NCCT head and X-ray examination; as per the supplementary medical report, 'Comminuted fracture of frontal bone on right side with fracture of right supra orbital ridge with associated frontal hemosinus on right side' was noted and as per the x-ray report fracture of 5th metatarsal bone of left front was seen; in the statement of injured specific role of causing head injury has been assigned to co-accused Ankit, who has been granted bail by the court concerned; vague and general role has been assigned to the applicant; at this stage, there is no substantive evidence to link the applicants with the offence; and without commenting on merits of the case, I am of the opinion that the applicants are entitled for anticipatory bail till the submission of police report. 8. In the event of arrest, the applicants Tannu @ Tanu and Jeetu 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 :- 18.8.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad