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2025 DAILYLAW 90733 (ALL)

BHOJPAL v. STATE OF U.P. AND ANOTHER

NABAIL/7127/2025 · 2025-09-08

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. - 7127 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 2. The present Anticipatory Bail Application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.194 of 2025, under Sections 126(2), 131, 115(2), 109, 352, 351(2), 62(2), 333 of B.N.S., Police Station- Shergarh, District- Mathura. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with four named accused is alleged to have assaulted the nephew of the informant. As per the medical report of the injured-Mohan Singh, he received three injuries. Injury no.1 was referred for NCCT head, injury no.2 was referred for x-ray examination, whereas injury no.3 was simple in nature. As per the report of NCCT head, no abnormality was seen. As per the x-ray report, fracture of proximal phalanx of middle finger of left side was seen. It is contended that although injury no.2 was grievous in nature but not dangerous to life. The nature of injuries shows that there was no intent to murder. A vague and general role has been assigned to the applicant. The applicant has not been nominated as the principal offender, who caused injury no.2 to the injured Mohan Singh. The applicant has no criminal antecedents. Investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is granted anticipatory bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Punya Sheel Pandey Counsel for Opposite Party(s) : G.A. Bhojpal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made by counsel for the applicant, considering the nature of accusations, antecedents of the applicant, and, in particular, the fact that as per the medical report of the injured-Mohan Singh, he received three injuries; injury no.1 was referred for NCCT head, injury no.2 was referred for x-ray examination, whereas injury no.3 was simple in nature; as per the report of NCCT head, no abnormality was seen; as per the x-ray report, fracture of proximal phalanx of middle finger of left side was seen; although injury no.2 was grievous in nature but not dangerous to life; a vague and general role has been assigned to the applicant; the applicant has not been nominated as the principal offender, who caused injury no.2 to the injured Mohan Singh; 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- Bhojpal, 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation; (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 them from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. NABAIL No. 7127 of 2025 2 (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of B.N.S.S. 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 9, 2025 Manish Kr NABAIL No. 7127 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad