Suraj Kumar v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7975 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.

¶1Heard counsel for the applicant, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record.

¶2The instant application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No. 113 of 2025, under Section 109(1), 3(5) of B.N.S., Police Station-Khatauli, District-Muzaffarnagar.

¶3Learned counsel for the applicant submits that the applicant was not named in the first information report and has been falsely implicated in the present case. On the basis of the information furnished by an informer, the name of the applicant surfaced. In the alleged incident, no person has received any injury. At this stage, there is no credible evidence to link the applicant with the offence. It is next contended that during the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court vide order dated 29.04.2025 passed in Criminal Misc. Anticipatory Bail Application No. 3037 of 2025. Investigation has been completed. Charge-sheet has been filed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned court. The criminal history of the applicant has been explained in para no. 20 of the affidavit. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty.

¶4Learned A.G.A. has opposed the prayer for anticipatory bail but could not Versus Counsel for Applicant(s) : Ajay Kumar Mishra Counsel for Opposite Party(s) : G.A. Suraj Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made by counsel for the applicant, considering the nature of accusations and the fact that the applicant was not named in the first information report, the fact that in the alleged incident, no person has received any injury, at this stage, there is no substantive evidence against the applicant, during the course of investigation, the applicant was granted anticipatory bail till submission of police report by this Court; c harge-sheet has been filed, the applicant 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 applicant is entitled to be enlarged on anticipatory bail.

¶6In the event of arrest, the applicant Suraj Kumar, 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 make himself available on each date fixed in the matter by the court concerned;

(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;

(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 concerned court.

¶7In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

¶8The application stands disposed of. September 26, 2025 Sachin Mishra NABAIL No. 7975 of 2025 (Vivek Varma,J.) High Court of Judicature at Allahabad High Court of Judicature at Allahabad