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2025 DAILYLAW 88811 (ALL)

SACHIN SINGH AND ANOTHER v. STATE OF U.P.

NABAIL/6998/2025 · 2025-09-03

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. - 6998 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicants and Sri Shashank Shekhar Pandey, learned A.G.A. for the State- opposite party, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 241 of 2025, under Sections 191(2), 191(3), 190, 115(2), 118(1), 351(3), 109(1) B.N.S., Police Station Sikriganj, District Gorakhpur. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, on 08.06.2025 at 08.30 a.m. the applicants along with co-accused Vivekanand Singh and Sachchidanand Singh caused injury to the informant and his father. As a result, the informant received injury on his left hand. Hearing the cries, nearby people gathered at the spot and rescued. Later on, other named co-accused along with 8 to 10 persons are alleged to have assaulted Gorakh Singh, Ram Sajile and Prabhu Nath Singh. It is contended that role of causing injury on the left hand of the informant and his father has been assigned to the applicants. It is contended that the role of the applicants is distinguishable from that of other co-accused. The injuries received by the other injured persons cannot be attributed to the applicants. The three injured have also not named the applicants. The nature of the injury received by the informant shows that there was no intent to murder. As per the case diary, no medical report of the father of the informant is available. At this stage there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. It is next submitted that the Versus Counsel for Applicant(s) : Swati Agrawal Srivastava Counsel for Opposite Party(s) : G.A. Sachin Singh And Another .....Applicant(s) State of U.P. .....Opposite Party(s) investigation is going on and the applicants have apprehension of their arrest in the above mentioned case. 4. Learned A.G.A. 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 and antecedents of the applicants and, in particular, the fact that as per the first information report, on 08.06.2025 at 08.30 a.m. the applicants along with co-accused Vivekanand Singh and Sachchidanand Singh caused injury to the informant and his father; later on, other named co-accused along with 8 to 10 persons are alleged to have assaulted Gorakh Singh, Ram Sajile and Prabhu Nath Singh; role of causing injury on the left hand of the informant and his father has been assigned to the applicants; the injuries received by the other injured persons cannot be attributed to the applicants; the three injured have also not named the applicants; the nature of the injury received by the informant shows that there was no intent to murder; as per the case diary, no medical report of the father of the informant is available; and, 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 applicants are entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants- Sachin Singh and Nitin Singh 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; NABAIL No. 6998 of 2025 2 (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 applicants. 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. September 4, 2025 SKT/- NABAIL No. 6998 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad