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2025 DAILYLAW 91249 (ALL)

MAHKAR SINGH v. STATE OF U.P.

NABAIL/7229/2025 · 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. - 7229 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant as well as Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.211 of 2025, under sections 191(2), 191(3), 109(1), 115(2), 117(2), 309(4), 352, 61(2) B.N.S., P.S. Partapur, District Meerut. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. In the first information report seven named and two unknown persons are nominated. The applicant is father-in-law of the informant. Earlier the applicant has lodged two first information reports against the informant and her husband (son of the applicant) registered as Case Crime No. 0314 of 2022, under Sections 427, 506, 325, 323 I.P.C., P.S. Partapur, District Meerut and Case Crime No. 283 of 2022, under Section 504, 506 I.P.C., P.S. Partapur, District Meerut. In the alleged incident, the informant and grandson of the applicant namely Ujjwal received injuries. The injuries of Ujjwal were found simple in nature. The informant received single injury on her left leg. As per the statement of doctor, fracture was found on her left leg. It is contended that the said injury was on non-vital part of the body. A vague and general role has been assigned to the applicant. The nature of the injuries shows that there was no intent to murder. Further, identically placed co-accused Smt. Bala Devi @ Shashi Bala has been granted anticipatory bail by this Court vide order dated Versus Counsel for Applicant(s) : Dileep Kumar Pandey Counsel for Opposite Party(s) : G.A. Mahkar Singh .....Applicant(s) State of U.P. .....Opposite Party(s) 11.9.2025 passed in Criminal Misc. Anticipatory Bail Application No. 7184 of 2025. The applicant claims parity. At this stage, there is no credible evidence to link the applicant with the offence. 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. 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. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that earlier the applicant has lodged two first information reports against the informant and her husband, the injuries of Ujjwal were found simple in nature, the informant received single injury on her left leg, the said injury was on non- vital part of the body, a vague and general role has been assigned to the applicant, identically placed co-accused Smt. Bala Devi @ Shashi Bala has been granted anticipatory bail by this Court, at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant Mahkar Singh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under section 193(3) B.N.S.S. on furnishing a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer of the police station concerned with the following conditions:- (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 NABAIL No. 7229 of 2025 2 dissuade from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P. concerned. 8. 8. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted to the applicant. 9. The Investigating Officer is directed to conclude the investigation of the present case in accordance with law expeditiously preferably within a period of three months from the date of production of a copy of this order independently without being prejudiced by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicant. 10. The applicant is directed to produce a copy of this order before the S.S.P./S.P. concerned within ten days from today, who shall ensure the compliance of present order. 11. The application stands disposed of. September 11, 2025 S.S. NABAIL No. 7229 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad