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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7545 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 215 of 2025, under Sections 351(2), 140(4) B.N.S., Police Station Daurala, District Meerut. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 20.07.2025 at 08.15 hours and the first information report was lodged on 21.07.2025 at 20.08 hours. The victim was examined by the doctor on 20.07.2025 at 07.00 p.m. i.e. prior to lodging of the first information report. According to the medical report, no injury was seen. It is contended that no such incident has occurred. The incident is alleged to have occurred at an open place. There is no independent witness to the alleged incident. Prior enmity exists between the parties. At this stage there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in Paragraph- 27 of the affidavit. The investigation is still pending and the applicant has Versus Counsel for Applicant(s) : Ambreen Masroor, Sadrul Islam Jafri, Sr. Advocate Counsel for Opposite Party(s) : G.A. Mahraj .....Applicant(s) State of U.P. .....Opposite Party(s)
apprehension of his arrest in the above case. In case the applicant is granted anticipatory bail during pendency of trial, he will not misuse the said liberty. 4. Learned A.G.A. 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, and, in particular, the fact that the incident is alleged to have occurred on 20.07.2025 at 08.15 hours and the first information report was lodged on 21.07.2025 at 20.08 hours; the victim was examined by the doctor on 20.07.2025 at 07.00 p.m. i.e. prior to lodging of the first information report; as per the medical report, no injury was seen; the incident is alleged to have occurred at an open place but there is no independent witness to the alleged incident; prior enmity exists between the parties and at this stage there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. In the event of arrest, the applicant- Mahraj 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 co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation. (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 them from disclosing such facts to the court or to any police officer. (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the NABAIL No. 7545 of 2025 2
concerned Court forthwith. His passport will remain in custody of the concerned Court.
(v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, and (iii) recording of statement under Section 351 BNSS. 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 16, 2025 SKT/- NABAIL No. 7545 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad