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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 6960 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Supplementary affidavit filed by the counsel for the applicant, is taken on record. 2. Heard learned counsel for the applicant and Sri V.P.Tripathi, learned AGA for the State and perused the material on record. 3. This is the second anticipatory bail application. The first anticipatory bail application was rejected by the co-ordinate Bench of this Court vide order dated 21.10.2020 passed in Criminal Misc. Anticipatory Bail Application No. 6957 of 2020. 4. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 206 of 2020, under Sections 307, 332, 336, 353, 342, 186, 224, 225, 504 IPC, Police Station Aurai, District Bhadohi. 5. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. In the first information report fifteen named accused including the applicant and 20-25 unknown persons are nominated. In the alleged incident, no police personnel received any injury. A vague and general role has been assigned to the applicant. At this stage there is no credible evidence to link the applicant with the offence. Identically placed co-accused Pintu @ Ajay Kumar Sonkar, Suresh @ Suresh Sonkar, Rahul @ Rahul Sonkar, Mathallu @ Matthulal, Sinkandar @ Sinkandar Kumar Versus Counsel for Applicant(s) : Neeraj Kumar Srivastava, Pankaj Kumar Counsel for Opposite Party(s) : G.A. Raju .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Sonkar, Kailash @ Kailash Sonkar, Mangal @ Rohit, Anchal @ Achal Mishra, Seema and Sushila Devi have been granted anticipatory bail by this Court vide orders dated 03.02.2023, 19.07.2023, 19.07.2023, 19.07.2023, 19.07.2023, 19.07.2023, 03.02.2023, 03.02.2023, 27.01.2023 and 10.01.2025 passed in Criminal Misc. Anticipatory Bail Application Nos. 7140 of 2020, 7125 of 2020, 7109 of 2020, 7065 of 2020, 7131 of 2020, 7047 of 2020, 7138 of 2020, 7163 of 2020, 7673 of 2020 and 7969 of 2024 respectively. The applicant claims parity. Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. It is next contended that no proclamation under Section 82 Cr.P.C. has been issued. During the pendency of proceedings the applicant had gone to Delhi for earning livelihood.
The applicant came to know about the pending proceedings only in the month of June, 2025. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail till conclusion of trial, he will not misuse the said liberty. 6. Learned A.G.A. has 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 and antecedents of the applicant, in particular the fact, that in the alleged incident no police personnel received any injury; a vague and general role has been assigned to the applicant; identically placed co-accused persons have been granted anticipatory bail by this Court, at this stage, there is no substantive evidence to link the applicant with the offence; charge sheet has been submitted; the applicant had co-operated in the investigation; no custodial interrogation is required; and, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 8. In the event of arrest, the applicant Raju, 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:- NABAIL No. 6960 of 2025 2
(i) the applicant shall make himself available on each date fixed in the matter by the court concerned; (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; (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.
9. 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 23, 2025 Lbm/- NABAIL No. 6960 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad