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2025 DAILYLAW 86504 (ALL)

SHAH ALAM ALIAS MONU v. STATE OF U.P.

NABAIL/6589/2025 · 2025-08-17

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:140665 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6589 of 2025 Applicant :- Shah Alam Alias Monu Opposite Party :- State of U.P. Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.55 of 2025, under sections 191(2), 191(3), 109(1), 115(2), 352, 125, 118(1) B.N.S., P.S. Kotwali, District Bijnor. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with four others is alleged to have assaulted three persons namely Ehsan, Dhevati Payal and Noor Ali. The injuries received by the injured Dhevati Payal were found simple in nature. The other injured received injuries on non-vital part of the body. It is contended that the nature of the injuries sustained by the injured persons shows that there was no intent to murder. At this stage, there is no credible evidence to link the applicant with the offences. The applicant has no criminal antecedents. Investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned 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 the injuries received by the injured Dhevati Payal were found simple in nature, the other injured perons received injuries on non-vital part of the body, at this stage, there is no substantive evidence to link the applicant with the offences, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail till the submission of police report. 7. 7. In the event of arrest, the applicant Shah Alam Alias Monu 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 :- 18.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad