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2025 DAILYLAW 97513 (ALL)

AKASH v. STATE OF U.P. AND 2 OTHERS

NABAIL/7716/2025 · 2025-09-18

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. - 7716 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. This is second anticipatory bail application. First anticipatory bail application was dismissed as withdrawn vide order 8.9.2025. 2. Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record. 3. This application has been filed seeking anticipatory bail in Case Crime No. 167 of 2025, under Sections 191(2), 191(3), 190, 109(1), 115(2), 125, 352, 351(2) 351(3) B.N.S. and Section 7 of Criminal Law Amendment Act, Police Station -Bhawanpur, District -Meerut. 4. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, two groups armed with lathi and danda were pelting stones at each other. The name of the applicant was disclosed by the co-accused Gaurav and Asif in police custody. The said statements, insofar as they implicate the applicant, are unreliable. In the alleged incident no person has received any injury. No medical report is available in the case diary. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. Investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 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 by counsel for the applicant, considering the nature of accusations, antecedents of the applicant and the Versus Counsel for Applicant(s) : U.C. Chaturvedi Counsel for Opposite Party(s) : G.A. Akash .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) fact that the name of the applicant was disclosed by the co-accused Gaurav and Asif in police custody; in the alleged incident no person has received any injury; 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 during pendency of trial. 7. In the event of arrest, the applicant Akash, 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 him from disclosing such facts to the court or to any police officer; (iii) The applicant shall not leave the country during the pendency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the 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 of B.N.S.S. 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 19, 2025 S.S. NABAIL No. 7716 of 2025 2 (Vivek Varma,J.) Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad