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2025 DAILYLAW 86659 (ALL)

VEERPAL @ CHETANSWAROOP v. STATE OF U.P. AND ANOTHER

NABAIL/6803/2025 · 2025-09-17

Vivek Varma

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6803 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 251 of 2015, under Sections 307, 323, 504 I.P.C., Police Station- Malpura, District- Agra, during the pendency of trial. 4. 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 co-accused Pradeep is alleged to have caused injuries to five persons, namely, Srimati Devi, Satyawati, Nirvesh, Sushma and Niranjan Singh. As per the medical report and supplementary medical reports of Srimati Devi, Satyawati, Nirvesh and Sushma, the injuries received by them were simple in nature. Niranjan Singh received five injuries. Injury nos.1, 3 and 4 were simple in nature. Injury nos.2 and 5 were on non vital parts of the body. It is next contended that in the statement of five injured, the role of causing injuries has been assigned to co-accused Pradeep. The case of the applicant is clearly distinguishable from that of co- accused Pradeep. It is further contended that at the relevant time the applicant was a Grenadier in the Indian Army and was present in his Unit. In this regard a certificate of the Company Commander has been annexed as Versus Counsel for Applicant(s) : Abhishek Kumar Mishra, Aditya Prasad Mishra Counsel for Opposite Party(s) : G.A. Veerpal Singh @ Chetanswaroop .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Annexure-9 to the bail application. Further, investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. The applicant came to know about the pendency of the present proceedings only in the month of January, 2025. The applicant has no criminal antecedents. 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. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 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 and supplementary medical reports of Srimati Devi, Satyawati, Nirvesh and Sushma, the injuries received by them were simple in nature; Niranjan Singh received five injuries; injury nos.1, 3 and 4 were simple in nature; injury nos.2 and 5 were on non vital parts of the body; in the statement of five injured, the role of causing injuries has been assigned to co-accused Pradeep; as per the certificate issued by the Company Commander of 12 RR (Grenadiers), 56 APO, at the relevant time the applicant was present in his Unit; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 7. In the event of arrest, the applicant Veerpal Singh @ Chetanswaroop, involved in the aforesaid case crime be released on anticipatory bail during pendency of trial, on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the court concerned with the following conditions:- (i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (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; NABAIL No. 6803 of 2025 2 (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 concerned court. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. September 18, 2025 Manish Kr NABAIL No. 6803 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad