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2025 DAILYLAW 91001 (ALL)

SUHAIL ALIAS SOHIL ALIAS CHINI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/7318/2025 · 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. - 7318 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Supplementary affidavit, filed by counsel for the applicants, is taken on record. 2. Heard counsel for the applicants, Sri V.P. Tripathi, learned AGA for the State and perused the material on record. 3. This application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 454 of 2016, under Sections 147, 148, 149, 307, 395, 336, 323, 332, 353, 504, 506 of I.P.C. and Section 7 of Criminal Law (Amendment) Act as well as Section 3 of the Prevention of Damage to Public Property Act, Police Station- Sikandarau, District- Hathras. 4. Counsel for the applicants submits that the applicants have been falsely implicated in the present case. In the first information report, thirty-nine named accused including the applicants and 150 unknown persons are nominated. In the alleged incident, four police constables received injuries which were simple in nature and were on non-vital part of the body. It is contended that the nature of injuries to the injured persons shows that there was no intent to murder. Vague and general role has been assigned to the applicants. The applicants have not been nominated as the principal offender who caused the injuries to the four injured. The applicants came to know about pending proceedings only in the month of June, 2025. Investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. The applicants have apprehension of their arrest in the above mentioned case. In case, the Versus Counsel for Applicant(s) : Ravindra Kumar Counsel for Opposite Party(s) : G.A. Suhail Alias Sohil Alias Chini And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) applicants are granted anticipatory bail, they will not misuse the said liberty. 5. Learned A.G.A. has 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 applicants and the fact that in the alleged incident, the injuries sustained by four police constables were simple in nature, vague and general role has been assigned to the applicants, the applicants have not been nominated as the principal offender who caused the injuries to the four injured, charge-sheet has been filed, the applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Suhail @ Sohil @ Chini and Shanu @ Saunu, 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; (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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. September 9, 2025 S.S. NABAIL No. 7318 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad