Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 87157 (ALL)

MUNNA ALIAS MUNESH v. STATE OF U.P.

NABAIL/7286/2025 · 2025-09-07

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7286 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant, as well as Sri Neeraj Kumar Sharma, learned A.G.A. for the State and perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 152 of 2025, under Sections 115(2), 352, 351(3), 109(1) B.N.S., Police Station Shamshabad, District Agra. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with two others is alleged to have assaulted the informant. Specific role of firing has also been assigned to the applicant. In the alleged incident no person received any injury. No medical report is available in the case diary. At this stage, there is no credible evidence to link the applicant with the offence. The co-accused Sandeep has been granted anticipatory bail by this Court vide order dated 30.07.2025 passed in Criminal Misc. Anticipatory Bail Application No. 5813 of 2025. The applicant has no criminal antecedents. The investigation is still pending. It is next contended that the applicant has apprehension of his arrest and in Versus Counsel for Applicant(s) : Gaurav Srivastav, Rajesh Kumar Srivastava Counsel for Opposite Party(s) : G.A. Munna Alias Munesh .....Applicant(s) State of U.P. .....Opposite Party(s) case, the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. and the counsel for the informant have 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 accusations and antecedents of the applicant, and in particular, the fact that in the alleged incident no person received any injury; at this stage, there is no substantive evidence to link the applicant with the offence; the co-accused Sandeep has been granted anticipatory bail by this Court; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6. In the event of arrest, the applicant Munna @ Munesh 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that they NABAIL No. 7286 of 2025 2 shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 B.N.S.S. 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 8, 2025 Lbm/- NABAIL No. 7286 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad