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2025 DAILYLAW 84015 (ALL)

MOHD JUNAID AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

NABAIL/6362/2025 · 2025-08-17

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140887 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6362 of 2025 Applicant :- Mohd Junaid And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Faiz Ahmad Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Copy of the medical report of two injured produced by learned A.G.A. is taken on record. 2. Heard learned counsel for the applicants and Sri Rupak Chaubey, learned A.G.A. for the State- opposite party, and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 426 of 2025, under Sections 115(2), 351(2), 352, 191(2), 191(3), 190 and 109 B.N.S., Police Station Majhola, District Moradabad. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present present case. As per the first information report, the applicants along with ten named accused are alleged to have assaulted the informant and his son. As per the medical report, the informant received three injuries. Injury Nos. 1 and 2 were referred for X-ray examination. Injury No. 3 was simple in nature. The other injured Mohd. Zakariya also received three injuries. Injury Nos. 1 and 2 were simple in nature and the injury no. 3 was referred for X-ray examination. No X-ray report with regard to injuries referred for is available in the case diary. The exact nature of injury sustained by the two injured is not known. A vague and general role has been assigned to the applicants. The applicants have not been nominated as the principal offender who caused injury to the injured persons. 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 police report. 7. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that as per the medical report, the informant received three injuries, out of which injury Nos. 1 and 2 were referred for X-ray examination and injury No. 3 was simple in nature; the other injured Mohd. Zakariya also received three injuries, out of which injury Nos. 1 and 2 were simple in nature and the injury no. 3 was referred for X-ray examination; no X-ray report is available in the case diary; the exact nature of injury sustained by the two injured is not known; a vague and general role has been assigned to the applicants; the applicants have not been nominated as the principal offender who caused injury to the injured persons; 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. 8. In the event of arrest, the applicants- Mohd. Junaid and Smt. Rukhsana 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 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 SKT/- Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad