Aman Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Aman Vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Aman till submission of the police report under Section 193(3)(i) BNSS, on a personal bond with two sureties each in the like amount to the satisfaction of the trial court, for the limited period following the exception considered in Sushila Aggarwal v. State (NCT of Delhi), 2020 SCC Online SC 98, without expressing opinion on merits. Conditions imposed: availability for interrogation as and when required; no inducement, threat or promise to dissuade disclosure; no departure from India without previous permission, passport (if any) to be deposited with the concerned S.S.P./S.P. On default of conditions the Investigating Officer may seek cancellation; the Investigating Officer is to conclude the investigation preferably within three months of production of a certified copy of the order.

Issue for consideration

Whether the applicant Aman is entitled to anticipatory bail in Case Crime No. 266 of 2024 (P.S. Bhawanpur, District Meerut) under Sections 191(2), 191(3), 190, 333, 115(2), 351(2), 351(3), 109(1), 3(5), 324(4), 324(5), 352 B.N.S., the application having been moved seeking bail till conclusion of trial. +1 more

Court's answer

Without expressing any opinion on the merits of the case, and considering the nature of accusation and antecedents, the court held the applicant entitled to be released on anticipatory bail.

Ratio / Principle

The entitlement to anticipatory bail was confined to a limited period, by reference to the exception considered by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi), 2020 SCC Online SC 98.

Key takeaways

The applicant Aman was directed to be released on anticipatory bail till submission of the police report under Section 193(3)(i) BNSS, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court concerned.ratio¶¶13
Release was made subject to conditions, including that the applicant shall make himself available for interrogation by a police officer as and when required.ratio¶¶14
In default of any of the conditions, the Investigating Officer is at liberty to file an appropriate application for cancellation of the anticipatory bail granted to the applicant.

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), order dated 10.1.2025: anticipatory bail application under Section 482 BNSS (No. 12303 of 2024) filed by Aman, wanted in Case Crime No. 266 of 2024, P.S. Bhawanpur, District Meerut, under Sections 191(2), 191(3), 190, 333, 115(2), 351(2), 351(3), 109(1), 3(5), 324(4), 324(5) and 352 B.N.S., ALLOWED. Without expressing any opinion on merits, and considering the nature of accusation and antecedents, the Court granted anticipatory bail for the limited period — till submission of the police report under Section 193(3)(i) BNSS — invoking the exception considered by the Hon'ble Supreme Court in Sushila Aggarwal v. State (NCT of Delhi), 2020 SCC Online SC 98, on a personal bond with two sureties each in the like amount. Conditions: availability for interrogation as and when required; no inducement, threat or promise; no departure from India without previous permission, passport (if any) to be deposited with the concerned S.S.P./S.P.; default permits the Investigating Officer to apply for cancellation. The Investigating Officer was directed to conclude the investigation preferably within three months of production of a certified copy of the order, uninfluenced by any observation in this order. Context: prayer clause corrected by supplementary affidavit to add Section 3(5) B.N.S. Act; co-accused Ajay had obtained interim protection against the same FIR vide order dated 14.11.2024 in Criminal Misc. Writ Petition No. 20493 of 2024.

Neutral Citation No. - 2025:AHC:5549

Court No. - 70

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 12303 of 2024

Applicant :- Aman Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ayush Kaushik Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Learned counsel for the applicant has filed supplementary affidavit to correct the prayer clause as Section 3(5) B.N.S. Act has been left out due to typographical error. Learned counsel for the applicant is permitted to make necessary correction in prayer clause of the present anticipatory bail application during the course of the day.

Heard learned counsel for the applicant and learned AGA for the State and perused the material placed on record.

This anticipatory bail application has been moved seeking bail in Case Crime No. 266 of 2024, under Sections 191(2), 191(3), 190, 333, 115(2), 351(2), 351(3), 109(1), 3(5), 324(4), 324(5), 352 B.N.S., P.S. Bhawanpur, District- Meerut, till the conclusion of trial.

Learned counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case due to ulterior motive. It is a no injury case. Instant first information report has been lodged due to prior enmity. He next submitted that earlier co-accused, Ajay challenged the instant first information report before this Court by filing Criminal Misc. Writ Petition No. 20493 of 2024. This Court vide order dated 14.11.2024 granted interim protection in favour of the petitioner/applicant. He further submitted that applicant's case is similar with the co-accused, Ajay. Applicant has no criminal history to his credit. Investigation is still going on. Lastly, it is submitted that the applicant is apprehensive of imminent arrest. In case, the applicant is released on bail, he would not misuse the liberty of bail and would cooperate with the investigation.

Learned AGA opposed the prayer for anticipatory bail of the

applicant with the contention that the applicant is not entitled for anticipatory bail as prima facie case is made out. The apprehension of the applicant is not founded on any material on record, only on the basis of imaginary fear, the anticipatory bail cannot be granted.

Without expressing any opinion on the merits of the case and considering the nature of accusation and antecedents, the applicant is entitled to be released on anticipatory bail in this case for the limited period considering the exception considered by the Hon'ble Supreme Court in the case of Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC Online SC 98.

Let the applicant- Aman , who is involved in the aforesaid crime, be released on anticipatory bail till submission of police report U/s 193(3) (i) BNSS, on furnishing a personal bond with two sureties each in the like amount to the satisfaction of the trial court 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 them before the S.S.P./S.P. concerned.

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.

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 certified copy of this order independently without being prejudice by any observation made by this Court while considering and deciding the present anticipatory bail application of the applicants.

The application stands allowed .

Order Date :- 10.1.2025 Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad