SURJEET ALIAS SURJEET YADAV v. STATE OF U.P. AND ANOTHER
NABAIL/7717/2025 · 2025-09-21
Vivek Varma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 96824 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 96824 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7717 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Copy of medical reports of injured constables produced by Sri Neeraj Kumar Sharma, learned A.G.A. for the State is taken on record. 2. Heard counsel for the applicant, learned A.G.A. for the State and perused the material placed on record. 3. The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 301 of 2025, under Sections 109, 115(2), 121(1), 132, 191(2), 191(3), 221, 324(4), 351(2), 351(3) and 352 of B.N.S., Police Station Fatehganj East, District Bareilly. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. In the first information report, ten named accused including the applicant and 10-12 unknown persons are nominated. As per the first information report, two groups were fighting amongst themselves. In the alleged incident, two police constables received injuries. As per the medical reports, the two injured received simple injuries on non- vital parts of the body. A vague role has been assigned to the applicant. It is next contended that the nature of injuries received by two constables shows that there was no intent to murder. The applicant has not been nominated as the principal offender who caused the injuries to the two constables. 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 Versus Counsel for Applicant(s) : Avinash Tiwari, Rajiv Chowdhury Counsel for Opposite Party(s) : G.A. Surjeet Alias Surjeet Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
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 satisfactorily dispute the aforesaid submissions from the record. 6. Counsel for the applicant 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, antecedents of the applicant and the fact that as per the medical reports, the two injured received simple injuries on non-vital parts of the body; a vague role has been assigned to the applicant; the nature of injuries received by the two constables shows that there was no intent to murder; the applicant has not been nominated as the principal offender who caused the injuries to the two injured, 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. 8. In the event of arrest, the applicant- Surjeet Alias Surjeet 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:- (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. 9. In default of any of the conditions, the Investigating Officer is at liberty to NABAIL No. 7717 of 2025 2
file appropriate application for cancellation of anticipatory bail granted to the applicant. 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 applicant. 11. 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. 12. The application stands disposed of. September 22, 2025 Sachin Mishra NABAIL No. 7717 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad