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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7704 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.
1. Supplementary affidavit filed by counsel for the applicants is taken on record. 2. Heard counsel for the applicants, Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record. 3. This application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 303 of 2004, under sections 147, 148, 149, 307, 353, 332, 336, 337, 427, 341, 188, 504, 506 I.P.C. and Section 7 of Criminal Law (Amendment) Act, Police Station- Sadabad, District- Hathras. 4. Counsel for the applicants submits that the applicants were not named in the first information report and have been falsely implicated in the present case. The name of the applicants was disclosed by the informant after four months of the alleged incident. It is contended that the said statement is an afterthought. In the alleged incident, the injuries sustained by the police personnel were simple in nature. A vague and general role has been assigned to the applicants. The applicants have not been nominated as the principal offender who caused injuries to the injured police personnel. It is next contended that after submission of charge-sheet, the applicants were summoned. The applicants filed an application under Section 482 Cr.P.C. No. 5589 of 2005 (Girraj and others vs. State of U.P. and another). The proceedings of the aforementioned case was stayed by the Court on
17.05.2005. Thereafter, the said application was dismissed for want of Versus Counsel for Applicant(s) : Ajay Kumar Pathak Counsel for Opposite Party(s) : G.A. Girraj And 4 Others .....Applicant(s) State of U.P. .....Opposite Party(s)
prosecution on 18.07.2017. The applicants had no knowledge regarding the dismissal of the application under Section 482 Cr.P.C. The applicant came to know about the pending prosecution only in the month of August, 2025. No proceedings under Section 82 Cr.P.C. has been issued against the applicants. The criminal history of the applicant nos. 1, 3, 4 and 5 are explained in para nos. 3 and 4 of the supplementary affidavit respectively. The applicant no. 2 has no criminal antecedents. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they 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. Having regard to the submissions made, considering the nature of accusations and the fact that the applicants were not named in the first information report; the name of the applicants was disclosed by the informant after four months of the alleged incident; in the alleged incident, the injuries sustained by the police personnel were simple in nature; a vague and general role has been assigned to the applicants; the applicants have not been nominated as the principal offender who caused injuries to the injured police personnel; at this stage, there is no substantive evidence against the applicants, 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 applicants are entitled to be enlarged on anticipatory bail. 7. In the event of arrest, the applicants Girraj, Kishanveer Singh, Jaiveer, Vijaiveer and Bhura @ Bhuri Singh 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 applicants shall make themselves available on each date fixed in the matter by the court concerned; (ii) the applicants 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;
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(iii) the applicants shall not leave India without the previous permission of the Court and if they have passport the same shall be deposited by them before the concerned court. 8.
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 26, 2025 Sachin Mishra NABAIL No. 7704 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SACHIN MISHRA High Court of Judicature at Allahabad