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2025 DAILYLAW 90618 (ALL)

HANIF AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/7448/2025 · 2025-09-10

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. - 7448 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicants, Sri Devarshi Kumar Rai, Advocate holding brief of Sri Bhiya Vikash Bharti, counsel for the informant as well as Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 841 of 2023, under Sections 498-A, 323, 307 IPC, Police Station Kotwali, District Mathura. 3. Counsel for the applicants contends that the applicants have been falsely implicated in the present case. The applicant no.1 is the father-in-law and applicant no.2 is the brother-in-law of the victim. The first information report was lodged by the brother of the victim. In the statement of the injured-victim, specific role of assault on her abdomen has been assigned to the co-accused Nadeem (husband of the victim). As per the medical report of the victim, she sustained four injuries. The injuries no. 1, 2 and 4 were simple in nature, whereas injury no.3 on her abdomen was referred for S.N.Medical College, Agra/higher center for expert opinion. As per the supplementary medical report, the injury on Versus Counsel for Applicant(s) : Anshu Singh, Hemendra Pratap Singh Counsel for Opposite Party(s) : Bhiya Vikash Bharti, G.A. Hanif And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the abdomen region was found grievous in nature. It is next contended that role of the applicants is clearly distinguishable from that of co-accused Nadeem (husband of the victim). At this stage there is no credible evidence to establish that the victim was subjected to cruelty by the applicants. Investigation has been completed. Charge sheet has been submitted. The applicants had co-operated in the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. The applicants have no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail till conclusion of trial, they will not misuse the said liberty. 4. Learned A.G.A. and the counsel for the opposite party no.2 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 and antecedents of the applicants, in particular the fact, that in the statement of the injured-victim, specific role of assault on her abdomen has been assigned to the co-accused Nadeem (husband of the victim); as per the supplementary medical report, the injury on her abdomen region was found grievous in nature; the other injuries were found simple in nature; at this stage, there is no substantive evidence against the applicants; charge sheet has been submitted, the applicants had co-operated in the investigation, no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled for anticipatory bail. 6. In the event of arrest, the applicants Hanif and Rahul, 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; NABAIL No. 7448 of 2025 2 (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; (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 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 11, 2025 Lbm/- NABAIL No. 7448 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad