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. - 7239 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard counsel for the applicant, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 467 of 2024, under Sections 110, 352, 117(2) B.N.S., Police Station- Nawabad, District- Jhansi, during the pendency of trial. 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 brother of the informant. As per the statement of the injured -Shivam, the applicant is alleged to have pushed him down and Asif and Arif are alleged to have assaulted him by iron rod and lathi. It is contended that the role of the applicant is clearly distinguishable from that of other two co-accused. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. The applicant has been summoned by the concerned Court. No custodial interrogation is required. The applicant has no criminal antecedents. 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. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant, and the fact that as per the Versus Counsel for Applicant(s) : Ajay Mishra, Shri Krishna Mishra Counsel for Opposite Party(s) : G.A. Fardeen Khan .....Applicant(s) State of U.P. .....Opposite Party(s)
statement of the injured -Shivam, the applicant is alleged to have pushed him down whereas Asif and Arif are alleged to have assaulted him by iron rod and lathi; investigation has been completed; charge sheet has been filed; the applicant had cooperated in the investigation; the applicant has been summoned by the concerned court, no custodial interrogation is required; without commenting on merits of the case, I am of the opinion that the applicant is entitled for anticipatory bail. 6.
6. In the event of arrest, the applicant Fardeen Khan, 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 make himself available on each date fixed in the matter by the court concerned; (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; (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 concerned court. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 11, 2025 Manish Kr NABAIL No. 7239 of 2025 2 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad