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2025 DAILYLAW 88903 (ALL)

MOHD. AZIM v. STATE OF U.P. AND ANOTHER

NABAIL/7289/2025 · 2025-09-07

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. - 7289 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri V.P. Tripathi, 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. 121 of 2025, under Sections 191(2), 115(2), 324(4), 352, 351(2), 79, 119(1) B.N.S., Police Station Titavi, District Muzaffarnagar. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The applicant and the informant were traveling in separate vehicles and were involved in a road accident. It is contended that a bona fide accident has been misconstrued and maliciously converted into a criminal case. As per the medical report, the injuries sustained by the injured were simple in nature. There was no intent to voluntarily cause any injury. At this stage there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. In case the applicant is granted anticipatory bail, he will not misuse the said liberty. 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 applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. Versus Counsel for Applicant(s) : Sayeed Saif Ullah, Sufia Saba Counsel for Opposite Party(s) : G.A. Mohd. Azim .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and, in particular, the facts that as per the medical report, the injuries sustained by the injured were simple in nature and at this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Mohd. Azim 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 applicant shall make himself available for interrogation by a police officer 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 from disclosing such facts to the Court or to any police officer; (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. 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 applicant. 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 applicant is 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. NABAIL No. 7289 of 2025 2 11. The application stands disposed of. September 8, 2025 SKT/- NABAIL No. 7289 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad