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2025 DAILYLAW 92511 (ALL)

RAVINDRA SINGH YADAV ALIAS NEETU YADAV v. STATE OF U.P. AND ANOTHER

NABAIL/7350/2025 · 2025-09-08

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. - 7350 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 87 of 2025, under Sections 191(2), 109(1), 117(2), 351(3), 352 BNS, Police Station Govind Nagar, District Kanpur Nagar. 3. Counsel for the applicant contends that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with four named accused and unknown persons is alleged to have caused injuries to five persons namely; informant-Rajeev Varma, Aman Varma, Ayush Varma, Ayush Varma @ Mukul Varma and Manu Varma. The injuries received by Aman Varma, Ayush Varma, Ayush Varma @ Mukul Varma and Manu Varma were simple in nature. Informant Rajeev Varma received two injuries. The said injuries were referred for x-ray examination. As per the supplementary medical report 'fracture of shaft of distal ulna and fracture of 5th metacarpal and fracture of proximal 5th phalanx' is recorded. It is next contended that although the said injuries of Rajeev Varma were grievous in nature, but not dangerous to life. The said injuries are not on vital parts of the body. The nature of injuries shows that there was no intent to murder. During the course of investigation the applicant was granted protection till cognizance is taken by the court on submission of police report, by this Court vide order dated 25.04.2025 Versus Counsel for Applicant(s) : Devesh Kumar Singh, P.K. Singh Counsel for Opposite Party(s) : G.A. Ravindra Singh Yadav Alias Neetu Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) passed in Criminal Misc. Writ Petition No. 5944 of 2025. Investigation has been completed. Charge sheet has been submitted. The applicant had co- operated 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 till conclusion of trial, 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 and antecedents of the applicant, in particular the fact, that in the alleged incident the injuries received by Aman Varma, Ayush Varma, Ayush Varma @ Mukul Varma and Manu Varma were simple in nature; informant-Rajeev Varma received two injuries, which were referred for x- ray examination; as per the supplementary medical report of informant 'fracture of shaft of distal ulna and fracture of 5th metacarpal and fracture of proximal 5th phalanx' is recorded; although the injuries of Rajeev Varma were grievous in nature, but not dangerous to life; the said injuries are not on vital parts of the body; during the course of investigation the applicant was granted protection till cognizance is taken by the court on submission of police report, by this Court; charge sheet has been submitted, the applicant had co-operated in the investigation, 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. In the event of arrest, the applicant Ravindra Singh Yadav @ Neetu Yadav, 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 NABAIL No. 7350 of 2025 2 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 9, 2025 Lbm/- NABAIL No. 7350 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad