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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7304 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant, Sri Neeraj Kumar Sharma, learned A.G.A. for the State, and Sri Anubhav Kumar Vimal, Advocate holding brief of Sri Vivek Kumar Singh,
learned counsel for the informant. Perused the material available on record. 2. This application has been filed seeking anticipatory bail in Case Crime No.130 of 2024, under Sections 307, 394, 504, 506 I.P.C., Police Station-Binauli, District- Baghpat, during the pendency of trial. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. Earlier, on 08.12.2021 the father of the applicant had lodged a first information report against the grandson of the informant- Nikhil and two others, registered as Case Crime No.376 of 2021, under Sections 394, 307 I.P.C. at Police Station Binauli, District Baghpat. In counterblast to the said proceedings, the instant prosecution has been instituted. Further, in the alleged incident the injuries sustained by the injured Nikhil were simple in nature. No supplementary medical report is available in the case diary. It is contended that no such incident as alleged has occurred. Further, Versus Counsel for Applicant(s) : Sandeep Kumar Singh Counsel for Opposite Party(s) : G.A., Mayank Yadav, Vivek Kumar Singh Vikrant Tomar .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
after investigation, final report in favour of the applicant was submitted by the Investigating Officer. Thereafter, a protest petition was filed. Final report was rejected and the applicant has been summoned vide order dated 14.2.2025. The applicant had co-operated in the investigation. No custodial interrogation is required. Criminal history of the applicant has been explained in para no. 26 of the bail application. The applicant has apprehension of their 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. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5.
Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the facts that earlier, the father of the applicant had lodged a first information report against the grandson of the informant- Nikhil and two others; in the alleged incident the injuries sustained by the injured Nikhil were simple in nature; no supplementary medical report is available in the case diary; after investigation, final report in favour of applicant was submitted by the Investigating Officer, thereafter the protest petition was filed, the final report was rejected and the applicant has been summoned; the applicant had co-operated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant- Vikrant Tomar, 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:- (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 NABAIL No. 7304 of 2025 2
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.
7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
8. The application stands disposed of. September 8, 2025 SKT/- NABAIL No. 7304 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad