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2025 DAILYLAW 93553 (ALL)

GAURAV v. STATE OF U.P.

NABAIL/7526/2025 · 2025-09-14

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. - 7526 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Supplementary affidavit filed by counsel for the applicant is taken on record. 2. Heard counsel for the applicant and Sri Neeraj Kumar Sharma, learned AGA for the State, and perused the material available on record. 3. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 0148 of 2024, under Sections 109(1), 191(2), 191(3), 190, 351(2), 352 B.N.S, Police Station Rakabganj, District Agra. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, fifteen named accused including the applicant and an unknown person are alleged to assaulted the informant-Devendra Singh, Gajendra Singh, Suresh Kushwaha and Daal Singh. As per the medical report as well as supplementary medical reports, the injuries sustained by the four injured were found to be simple in nature. It is contended that the nature of injuries received by the four injured shows that there was no intent to murder. A vague and general role has been assigned to the applicant. At this stage there is no credible evidence against the applicant to link with the offence. 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. 5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not Versus Counsel for Applicant(s) : Shad Khan Counsel for Opposite Party(s) : G.A. Gaurav .....Applicant(s) State of U.P. .....Opposite Party(s) satisfactorily dispute the aforesaid submissions from the record. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that as per the medical reports as well as supplementary medical reports, the injuries sustained by the four injured were simple in nature, the nature of injuries received by the four injured shows that there was no intent to murder, the fact that a vague and general role has been assigned to the applicant; at this stage, there is no substantive evidence against the applicant, charge- sheet has been filed, the applicants had cooperated in the investigation and no custodial interrogation is required, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicant Gaurav, 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. 8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 9. The application stands disposed of. September 15, 2025 Sachin Mishra NABAIL No. 7526 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad