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2025 DAILYLAW 98551 (ALL)

SACHIN PANDEY ALIAS HAPPY PANDEY v. STATE OF U.P. AND ANOTHER

NABAIL/7708/2025 · 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. - 7708 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J. 1. Heard learned counsel for the applicant and Sri V.P. Tripathi, learned A.G.A. for the State- opposite party, and perused the material placed on record. 2. This application has been filed seeking anticipatory bail in Case Crime No. 158 of 2025, under Sections 309(6), 324(4), 3(5) B.N.S., Police Station Bhatni, District Deoria. 3. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case owing to certain other dispute between the parties. As per the first information report, two persons received injuries in the alleged incident. According to the medical report of Prince Prajapati, no injury was seen. The informant received seven injuries. The said injuries were found simple in nature. The alleged motorcycle was not recovered from the possession of the applicant. The applicant has not committed any act of extortion. At this stage there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in Paragraph- 21 of the affidavit. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record. 5. Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police Versus Counsel for Applicant(s) : Kundan Mishra Counsel for Opposite Party(s) : G.A. Sachin Pandey Alias Happy Pandey .....Applicant(s) State of U.P. and Another .....Opposite Party(s) report. 6. Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and, in particular, the facts that according to the medical report of Prince Prajapati, no injury was seen; the informant received seven injuries, which were found simple in nature; the alleged motorcycle was not recovered from the possession of the applicant; and, 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 till the submission of police report. 7. 7. In the event of arrest, the applicant- Sachin Pandey @ Happy Pandey 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. 8. 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. 9. 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. NABAIL No. 7708 of 2025 2 10. 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. 11. The application stands disposed of. September 19, 2025 SKT/- NABAIL No. 7708 of 2025 3 (Vivek Varma,J.) Digitally signed by :- SHIVA KANT TIWARI High Court of Judicature at Allahabad