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2025 DAILYLAW 91520 (ALL)

ROHIT KUMAR KESRI v. STATE OF U.P. AND ANOTHER

NABAIL/7255/2025 · 2025-09-07

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. - 7255 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Copy of the medical report of the injured Vivek Kumar Sharma, produced by Sri Anupam Anand, learned brief holder, is taken on record. 2. Heard counsel for the applicant as well as Sri Anupam Anand, learned brief holder 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.725 of 2025, under sections 3(5), 109(1), 115(2) and 351(3) B.N.S., P.S. Robertsganj, District Sonbhadra. 4. 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 three others is alleged to have caused injury to the son of the informant. The incident is alleged to have occurred on 12.7.2025 at 21.00 hours. The first information report was lodged on 13.7.2025 at 2.30 hours. The injured was examined by the doctor on 14.7.2025 at 4.50 p.m at Trauma Centre and Super Specialty Hospital, B.H.U. Varanasi. As per the medical report of the injured, he received ten injuries. As per x-ray report dated 16.7.2025 no abnormality was seen on his face, however, fracture was seen on 2nd metacarpal bone of right hand. It is contended that although the fracture of 2nd metacarpal bone was grievous in nature but not dangerous to life. 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 not been nominated as principal offender who caused grievous injury to son Versus Counsel for Applicant(s) : Dinesh Kumar Singh Counsel for Opposite Party(s) : G.A. Rohit Kumar Kesri .....Applicant(s) State of U.P. and Another .....Opposite Party(s) of the informant. 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. 5. Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 7. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that as per x-ray report dated 16.7.2025 no abnormality was seen on his face, however, fracture was seen on 2nd metacarpal bone of right hand, a vague and general role has been assigned to the applicant, the applicant has not been nominated as principal offender who caused grievous injury to son of the informant, 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. 8. In the event of arrest, the applicant Rohit Kumar Kesri 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 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 NABAIL No. 7255 of 2025 2 the S.S.P./S.P. concerned. 9. 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. 10. 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. 11. 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. 12. The application stands disposed of. September 8, 2025 S.S. NABAIL No. 7255 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad