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2025 DAILYLAW 87575 (ALL)

RAHUL RAI AND 3 OTHERS v. STATE OF U.P.

NABAIL/6731/2025 · 2025-08-20

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:143669 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6731 of 2025 Applicant :- Rahul Rai And 3 Others Opposite Party :- State of U.P. Counsel for Applicant :- Mohd. Shoeb Khan Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard counsel for the applicants as well as Sri V.P. Tripathi, 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 applicants in Case Crime No.125 of 2025, under sections 191(2), 191(3), 115(2), 352, 351(2), 333, 74, 109 B.N.S., P.S. Sindhaura, District Varanasi. 3. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. In the alleged incident, three persons namely, Anjali Pandey, Prince Duby, Suneel Kumar received injuries. The said injuries were found simple in nature. No firearm injury was sustained by any of the three injured. It is contended that the nature of the injuries sustained by the three injured shows that there was no intent to murder. Further it is a cross case. The father of the applicant no.2 has also lodged a first information report against the informant and others on 15.7.2025 registered as Case Crime No. 0126 of 2025, under sections 191(2), 115(2), 352, 110 B.N.S., P.S. Sindhaura, District Varanasi. From the side of the applicants two persons received injuries. The aggressor is still to be ascertained. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. Investigation is pending and 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. 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 applicants 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 in the alleged incident, three persons namely, Anjali Pandey, Prince Duby, Suneel Kumar received single injury, no firearm injury was sustained by any of the three injured, the fact that it is a cross case, the father of the applicant no.2 has also lodged a first information report against the informant and others on 15.7.2025, from the side of the applicants two persons received injuries, 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 applicant is entitled for anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants Rahul Rai, Shubham @ Banti Rai, Rohit Rai @ Sahil Rai, Lav Kush Rai @ Chandra Prakash Rai 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. 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 applicants. 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 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. 11. The application stands disposed of. Order Date :- 21.8.2025 S.S. Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad