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2025 DAILYLAW 95914 (ALL)

GANESH YADAV v. STATE OF U.P.

NABAIL/7551/2025 · 2025-09-15

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. - 7551 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 2. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 0327 of 2025, under Sections 109(1), 115(2), 352 of B.N.S., Police Station Reoti, District Ballia. 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 26.07.2025. The first information report was lodged on the same day. As per the first information report, the co-accused, Santosh Yadav is alleged to have fired by country made pistol and caused injuries to Ram Pujan Yadav whereas the applicant and two others are alleged to have caused injuries to Veerbahadur (Nepali). As per the case diary, the medical report of Ram Pujan Yadav is only available. According to the medical report, the injured Ram Pujan Yadav was examined on 18.08.2025 after almost twenty three days of the alleged incident. The medical report also records that old healed scar of injury on right upper arm. It is contended that the nature of injuries caused has not been stated in the medical report. It is next contended that the nature of injuries caused to Ram Pujan Yadav shows that there was no intent to murder. Further, it is a cross case. From the side of the applicant, the co-accused Ramji Yadav lodged an F.I.R. against the informant and three others registered as Case Crime No. 0326 of 2025, P.S. Versus Counsel for Applicant(s) : Prakhar Saran Srivastava, Shashi Bhushan Kunwar Counsel for Opposite Party(s) : G.A. Ganesh Yadav .....Applicant(s) State of U.P. .....Opposite Party(s) Reoti, District- Ballia, under Sections 110, 115(2), 352, 351(3) of B.N.S. In the alleged incident, the co-accused Surendra Yadav, Santosh Yadav and Ramji Yadav also received injuries. The aggressor is still to be ascertained. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. The investigation is still pending. It is next submitted that the applicant has apprehension of his arrest and 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. Counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the incident is alleged to have occurred on 26.07.2025, the first information report was lodged on the same day, the applicant and two others are alleged to have caused injuries to Veerbahadur (Nepali), as per the case diary, the medical report of Ram Pujan Yadav is only available; according to the medical report, the injured Ram Pujan Yadav was examined on 18.08.2025 after almost twenty three days of the alleged incident; the medical report also records that old healed scar of injury on right upper arm; the nature of injuries caused has not been stated in the medical report; the fact that it is a cross case; the fact that from the side of the applicant, the co-accused Ramji Yadav lodged an F.I.R. against the informant and three others, at this stage, there is no substantive evidence against the applicant, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report. 7. In the event of arrest, the applicant- Ganesh Yadav be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) B.N.S.S., 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:- NABAIL No. 7551 of 2025 2 (i) The applicant shall make himself available for interrogation by a police officer as and when required; (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 or to any police officer; (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 S.S.P./S.P. concerned. 8. 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 applicant. 9. 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 applicant. 10. The applicant is 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. 11. The application stands disposed of. September 16, 2025 Sachin Mishra NABAIL No. 7551 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad