Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 91105 (ALL)

MONU KUSHWAHA ALIAS ABHISHEK KUSHWAHA v. STATE OF U.P. AND ANOTHER

NABAIL/7316/2025 · 2025-09-08

Vivek Varma

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7316 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Copy of C.D. No. 6 dated 17.8.2025 produced by Sri N.K. Sharma, learned AGA for the State is taken on record. 2. Heard counsel for the applicant as well as Sri N.K. Sharma, learned A.G.A. for the State and perused the material placed on record. 3. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.211 of 2025, under sections 3(5), 115(2) and 109 B.N.S., P.S. Friends Colony, District Etawah. 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 two named accused is alleged to have assaulted the informant. According to the medical report the injured sustained four injuries. The injury nos. 3 and 4 were simple in nature. Injury nos. 1 and 2 were kept under observation. As per C.D. no. 6 dated 17.8.2025 and x-ray report, no bony injury was seen. In the statement of the injured role of assault has been assigned to Shivam Kushwaha and Vishal Kushwaha. It is further contended that the nature of the injuries shows that there was no intent to murder. A vague and general role has been assigned to the applicant. The applicant has no criminal antecedents. Investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty. Versus Counsel for Applicant(s) : Raghuraj Singh Counsel for Opposite Party(s) : G.A. Monu Kushwaha Alias Abhishek Kushwaha .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned A.G.A. for the State 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 the fact that according to the medical report the injured sustained four injuries; the injury nos. 3 and 4 were simple in nature; injury nos. 1 and 2 were kept under observation; as per C.D. no. 6 dated 17.8.2025 and x-ray report, no bony injury was seen, in the statement of the injured role of assault has been assigned to Shivam Kushwaha and Vishal Kushwaha, a vague and general role has been assigned to 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 Monu Kushwaha @ Abhishek Kushwaha, 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 him from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the pendency 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. (vi) The applicant shall remain present, in person, before the trial court on NABAIL No. 7316 of 2025 2 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. 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. 7316 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad