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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7165 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant, Sri Tiwari Ajay Kumar, Advocate, holding brief of Sri Anurag Shukla, counsel for the opposite party no. 2/ informant, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 3. The present has been filed with the prayer to grant anticipatory bail to the applicant in Complaint Case No. 331 of 2023 (Gopal Mohan vs. Ravindra Kumar and others), under Sections 307, 323, 504, 506 of I.P.C., Police Station- Bakewar, District- Etawah. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. In respect of the same incident, the co- accused, Ravindra Kumar lodged an F.I.R. on 02.02.2023 at P.S. Bakewar, District- Etawah registered as Case Crime No. 0047 of 2023 under Sections 147, 323, 504, 506 I.P.C. As a counterblast to the said proceedings, the instant prosecution has been instituted. According to the complaint, the applicant is alleged to have fired upon Mukund Tripathi, however, the shot missed and the co-accused Rishi armed with knife and Muni armed with iron rod caused injuries to Mukund Tripathi and Gopal Mohan-complainant. As per the medical report, the injuries received by the injured were simple in nature. It is contended that the nature of injuries shows that there was no Versus Counsel for Applicant(s) : Durgesh Kumar Singh, Sharad Chandra Counsel for Opposite Party(s) : Anurag Shukla, G.A. Arvind Kumar .....Applicant(s) State of U.P. .....Opposite Party(s)
intent to murder. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The applicant has been summoned by the concerned court. It is next submitted that the applicant has apprehension of his arrest and in case, the applicant is released on anticipatory bail, he will not misuse the said liberty. 5. 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. 6.
Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that in respect of the same incident, the co-accused, Ravindra Kumar lodged an F.I.R. on 02.02.2023; in the alleged incident, no person received any firearm injury; as per the medical report, the injuries received by the injured were simple in nature, the nature of injuries shows that there was no intent to murder, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Arvind Kumar, 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 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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. NABAIL No. 7165 of 2025 2
9. The application stands disposed of. September 18, 2025 Sachin Mishra NABAIL No. 7165 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad