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2025 DAILYLAW 87091 (ALL)

SUBEDAR AND 4 OTHERS v. STATE OF U.P.

NABAIL/6676/2025 · 2025-09-16

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. - 6676 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 233 of 2025, under Sections 110, 191(2), 333, 131, 115(2) B.N.S., Police Station -Sadar Bazar, District- Shahjahanpur, during the pendency of trial. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, the applicants are alleged to have assaulted two persons namely Shiv Shankar and Ramesh. As per the medical reports and supplementary medical reports, the injuries sustained by the two injured were simple in nature. It is contended that the nature of the injuries shows that there was no intent to murder. Vague and general allegations have been levelled against the applicants. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. The applicants have been summoned by the concerned Court. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty. 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of Versus Counsel for Applicant(s) : Saurabh Tripathi, Shashikant Mishra Counsel for Opposite Party(s) : G.A. Subedar and 4 Others .....Applicant(s) State of U.P. .....Opposite Party(s) accusations, antecedents of the applicants, and the fact that as per the medical reports and supplementary medical reports, the injuries sustained by the two injured were simple in nature; vague and general allegations have been levelled against the applicants; investigation has been completed; charge sheet has been filed; the applicants had cooperated in the investigation; the applicants have 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 applicants are entitled for anticipatory bail. 6. 6. In the event of arrest, the applicants Subedar, Saroj, Vimlesh, Ram Vilas and Smt. Maina Devi, 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (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; (iii) the applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 17, 2025 Manish Kr NABAIL No. 6676 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad