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2025 DAILYLAW 91747 (ALL)

HASEEV AND ANOTHER v. STATE OF U.P. AND ANOTHER

NABAIL/7278/2025 · 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. - 7278 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicants as well as Sri Rupak Chaubey, learned AGA for the State, and perused the material placed on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 327 of 2025, under Sections 318(4), 338, 336(3), 340(2), 317(4) B.N.S., Police Station Didauli, District Amroha. 3. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The name of the applicants were disclosed by co-accused Anmol Yadav and Viresh Yadav, who were apprehended at the spot. The said statements, insofar as they implicate the applicants, are unreliable. At this stage, there is no credible evidence to link the applicants with the offence. The applicant no.2 has no criminal antecedents. Criminal history of the applicant no.1 has been explained in para 7 of the affidavit. It is next submitted that the investigation is pending and the applicants has apprehension of their arrest in the above mentioned case. 4. Learned AGA opposed the prayer for anticipatory bail but Versus Counsel for Applicant(s) : Umair Alam Counsel for Opposite Party(s) : G.A. Haseev And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicants 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 and antecedents of the applicants, in particular the fact, that the name of the applicants were disclosed by co-accused Anmol Yadav and Viresh Yadav, who were apprehended at the spot; at this stage, there is no substantive evidence to link the applicants with the offence, without commenting on merits of the case, I am of the opinion that the applicants are entitled for anticipatory bail till the submission of police report. 7. In the event of arrest, the applicants- Haseev and Samer be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, 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 applicants shall make themselves available for interrogation by a police officer as and when required; (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 him from disclosing such facts to the Court or to any police officer; (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 S.S.P./S.P. concerned. 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. NABAIL No. 7278 of 2025 2 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 applicants. 10. The applicants are 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 8, 2025 Lbm/- NABAIL No. 7278 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad