ATAURREHMAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NABAIL/7344/2025 · 2025-09-08
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 93057 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 93057 (ALL) · dailylaw.ai ]
Judgment text
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. - 7344 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Mr. Shakil Ahmad, Advocate has filed Vakalatnama on behalf of the opposite party no.2-informant. The same is taken on record. 2. Heard learned counsel for the applicants, Mr. Shakil Ahmad, counsel for the informant-opposite party no.2 as well as Mr. V.P.Tripathi, learned AGA for the State, and perused the material placed on record. 3. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 144 of 2025, under Sections 115(2), 118(2), 351(3), 352, 109(1), 333, 191(2), 191(3), 3(5) B.N.S., Police Station Kotwali Dehat, District Bijnor. 4. Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, the applicants along with two named accused are alleged to have assaulted three persons namely Kalsum, Muskan and Akram. As per the medical reports as well as supplementary medical reports, the injuries received by injured Kalsum and Muskan, were simple in nature. The other injured Akram received seven injuries. The injuries no. 2, 5, 6, 7 were simple in nature, whereas injuries no. 1, 3 and 4 were referred for x-ray examination. As per the supplementary medical report, the injuries no. 1 and 4 were simple in nature and injury no.3 was fracture of nasal spine. It is next contended that although the said injury was grievous in nature but not dangerous to life. The nature of injuries of three injured shows that there was no intent to murder. Versus Counsel for Applicant(s) : Rajiv Sisodia Counsel for Opposite Party(s) : G.A. Ataurrehman And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
Vague and general role has been assigned to the applicants. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. It is next submitted that the investigation is pending and the applicants have apprehension of their arrest in the above mentioned case. 5. Learned AGA and the counsel for the opposite party no.2 have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 6.
Learned counsel for the applicants 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 and antecedents of the applicants, in particular the fact, that in the alleged incident three persons namely Kalsum, Muskan and Akram received injuries; as per the medical reports as well as supplementary medical reports, the injuries received by injured Kalsum and Muskan, were simple in nature; the other injured Akram received seven injuries.; the injuries no. 2, 5, 6, 7 were simple in nature, whereas injuries no. 1, 3 and 4 were referred for x-ray examination; as per the supplementary medical report, the injuries no. 1 and 4 were simple in nature and injury no.3 was fracture of nasal spine; vague and general role has been assigned to the applicants; 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. 8. In the event of arrest, the applicants- Ataurrehman, Arman, Sofiyan and Osama @ Tauheed 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;
NABAIL No. 7344 of 2025 2
(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 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. 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 applicants. 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 applicants. 11. 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. 12. The application stands disposed of. September 9, 2025 Lbm/- NABAIL No. 7344 of 2025 3 (Vivek Varma,J.) Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad