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2025 DAILYLAW 96741 (ALL)

MOAJJAM BEG AND 2 OTHERS v. STATE OF U.P.

NABAIL/7635/2025 · 2025-09-16

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. - 7635 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard counsel for the applicants and Sri V.P. Tripathi, learned A.G.A. for the State. Perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 397 of 2025, under Sections 191(2), 191(3), 190, 333, 115(2), 352, 109(1), 351(3), 110, 131, 324(2) of B.N.S., Police Station- Sahawar, District- Kasganj. 3. At the outset, counsel for the applicants submits that applicant no.1 Moajjam Beg has been arrested. The present application on behalf of applicant no.1 has been rendered infructuous. 4. Accordingly, the application on behalf of applicant no.1 is dismissed as infructuous. 5. Insofar as applicant nos.2 and 3 are concerned, counsel for the applicants submits that they have been falsely implicated in the present case. As per the first information report, applicant nos.2 and 3 along with three accused and 20-25 unknown persons are alleged to have caused injuries to the informant's brother and father. According to the medical report of the injured Naved Khan, he received ten injuries. Injury nos.5 and 10 were referred for x-ray. Rest of the injuries were simple in nature. As per the supplementary report, injury no.5 was a fracture of nasal bone, whereas injury no.10 was found simple in nature. As per the medical report of the injured Efat Khan, he received four injuries. Injury nos.2 and 4 were simple in nature. Injury nos.1 and 3 were referred for x-ray. As per the supplementary medical report, Versus Counsel for Applicant(s) : Vijay Prakash Singh Kushwaha Counsel for Opposite Party(s) : G.A. Moajjam Beg And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) injury nos.1 and 3 were found simple in nature. It is contended that although injury no.5 of Naved Khan was grievous in nature but not dangerous to life. The nature of the injuries to the two injured shows that there was no intent to murder. Vague and general role has been assigned to the applicant nos.2 and 3. At this stage, there is no credible evidence to link the applicant nos.2 and 3 with the offence. Criminal history of the applicant nos.2 and 3 has been explained in para no.13 of the bail application. Investigation is pending. The applicant nos.2 and 3 have apprehension of their arrest in the above mentioned case. In case the applicant nos.2 and 3 are granted anticipatory bail, they will not misuse the said liberty. 6. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 7. Counsel for the applicant nos.2 and 3 further submits that the application for grant of anticipatory bail be confined only till the submission of police report. 8. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant nos.2 and 3 and the fact that according to the medical and supplementary medical reports, all the injuries sustained by the injured Naved Khan were simple in nature except injury no.5, which was a fracture of nasal bone; although injury no.5 was grievous in nature but not dangerous to life; all the injuries received by the injured Efat Khan were simple in nature; vague and general role has been assigned to the applicant nos.2 and 3; at this stage there is no substantive evidence to link the applicant nos.2 and 3 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. 9. In the event of arrest, the applicants- Mohsin Beg and Alsaf be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 173 (2) Cr.P.C./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:- (i) The applicant nos.2 and 3 shall make themselves available for interrogation by a police officer as and when required; NABAIL No. 7635 of 2025 2 (ii) The applicant nos.2 and 3 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 nos.2 and 3 shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the S.S.P./S.P. concerned. 10. 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 nos.2 and 3. 11. 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 nos.2 and 3. 12. The applicant nos.2 and 3 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. 13. The application on behalf of applicant nos.2 and 3 stands disposed of. September 17, 2025 Manish Kr NABAIL No. 7635 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad