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2025 DAILYLAW 98147 (ALL)

ANIRUDDH PRASAD PATHAK ALIAS ANIRUDDH PATHAK v. STATE OF U.P. AND 2 OTHERS

NABAIL/7748/2025 · 2025-09-21

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. - 7748 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 151 of 2025, under Sections 191(2), 190, 115(2), 351(2), 352, 109(1) B.N.S., Police Station Walterganj, District Basti. 3. Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant along with seven named co-accused on 16.07.2025 at 6.30 a.m. abused and threatened the ladies of the informant's family. It is contended that a vague and general role has been assigned to the applicant. No role of assault has been assigned to the applicant. The case of the applicant is clearly distinguishable from that of other co-accused. At this stage there is no credible evidence to link the applicant with the offence. It is next contended that identically placed co-accused Sunita Pathak has been granted anticipatory bail by this Court vide order dated 18.9.2025 passed in Criminal Misc. Anticipatory Bail Application No.7672 of 2025. The applicant has no criminal antecedents. The Versus Counsel for Applicant(s) : Shrawan Kumar Tripathi Counsel for Opposite Party(s) : G.A. Aniruddh Prasad Pathak Alias Aniruddh Pathak .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) investigation is still pending and the applicant has apprehension of his arrest in the above case. In case the applicant is granted anticipatory bail, he will not misuse the said liberty. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that a vague and general role has been assigned to the applicant, the applicant has not been nominated as the offender who assaulted the injured; at this stage there is no substantive evidence to link the applicant with the offence, and, identically placed co-accused Sunita Pathak has been granted anticipatory bail by this Court, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail. 6. 6. In the event of arrest, the applicant- Aniruddh Prasad Pathak alias Aniruddh Pathak 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 them from disclosing such facts to the court or to any police officer. (iii) The applicant shall not leave the country during the currency 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. NABAIL No. 7748 of 2025 2 (v) The applicant shall file an undertaking to the effect that she 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 BNSS. 7. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same. 8. The application stands disposed of. September 22, 2025 Manish Kr NABAIL No. 7748 of 2025 3 (Vivek Varma,J.) Digitally signed by :- MANISH KUMAR High Court of Judicature at Allahabad