PREMVIR SINGH @ PREM CHAUDHARY v. STATE OF U.P. AND ANOTHER
NABAIL/6846/2025 · 2025-09-07
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88081 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88081 (ALL) · dailylaw.ai ]
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. - 6846 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Supplementary affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State- opposite party. Perused the material available on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 1024 of 2019, under Sections 307, 504, 506 I.P.C., Police Station Sikandra, District Agra. 4. During the pendency of investigation, the applicant was granted anticipatory bail till the submission of police report by a co-ordinate Bench of this Court vide order dated 28.01.2020 passed in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 1071 of 2020, Prem Chaudhary v. State of U.P. The order is quoted herein below:
"Heard Sri Kuldeep Singh Chahar, learned counsel for the applicant, learned A.G.A. appearing for the State and perused the record. Learned counsel for the applicant submitted that the applicant is owner of Swift Dzire car which was brought to the garage of first informant for servicing. The first informant raised highly inflated bill of Rs.35,900/- on account of which an altercation took place between the applicant and first informant. It is stated that the applicant drove the vehicle with high speed and suddenly applied brake due to which informant's brother sustained Versus Counsel for Applicant(s) : Pranshu Dwivedi, Ram Prakash Dwivedi Counsel for Opposite Party(s) : G.A. Premvir Singh @ Prem Chaudhary .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
simple injuries. The matter needs deeper and fairer investigation before any arrest should be given effect to and the applicant will participate and cooperate with the investigation. The applicant has no criminal antecedent to his credit. Therefore, the applicant may be enlarged on anticipatory bail. Learned A.G.A. opposed the prayer for bail. Without expressing any opinion on the merits of the case, considering the nature of accusation and the fact that he has no criminal antecedents, the applicant is entitled to be released on anticipatory bail in this case.
In the event of arrest of the applicant, Prem Chaudhary involved in Case Crime No.1024 of 2019 under Sections 307, 504 and 506 I.P.C., Police Station Sikandara, District Agra, he shall be released on anticipatory bail till the submission of police report, if any, under Section 173 (2) Cr.P.C. before the competent Court on his furnishing a personal bond of Rs. 25,000/- 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 office 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 him from disclosing such facts to the Court or to any police office; (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. 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. 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 certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. NABAIL No. 6846 of 2025 2
The applicant is directed to produce a certified 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. In view of aforesaid, the application for anticipatory bail is, accordingly, allowed."
5. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case.
The nature of the injuries received by the injured shows that there was no intent to murder. Pursuant to the order dated 28.01.2020 passed by this Court, the applicant had furnished bail bonds and had joined the investigation. The applicant has not violated any conditions nor has misused the liberty of anticipatory bail during the pendency of the investigation. The investigation has been completed. Charge-sheet has been submitted. The applicant has been summoned by the court concerned. The applicant has no criminal antecedents. In case the applicant is released on anticipatory bail till the conclusion of trial, he will not misuse the said liberty. 6. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. 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 were simple in nature; the nature of the injuries shows that there was no intent to murder; no violation of conditions or misuse of liberty of anticipatory bail during the pendency of the investigation has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 8. In the event of arrest, the applicant- Premvir Singh @ Prem Chaudhary, involved in aforesaid case, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 and every date fixed in the matter by the court concerned; (ii) The applicant shall not directly or indirectly, make any inducement, NABAIL No. 6846 of 2025 3
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 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. 9. Further, in default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 10. The application stands disposed of. September 8, 2025 SKT/- NABAIL No. 6846 of 2025 4 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad