Munesh vs State of U.P. — Allahabad HC (2025) — LawSathi Research

Munesh vs State of U.P. — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail granted to applicant Munesh: in the event of arrest he is to be released during pendency of trial on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to the three imposed conditions (attendance on dates fixed by the court concerned; no inducement, threat or promise to dissuade disclosure of facts; no leaving India without previous permission, with deposit of any passport before the concerned court); on default, the court concerned may pass appropriate enforcing orders.

Issue for consideration

Whether the applicant Munesh is entitled to anticipatory bail in Case Crime No. 203 of 2024 (Police Station Junawai, District Sambhal), given the simple nature of the injuries to police personnel, the vague and general allegations against him, his parity with co-accused Ramkhiladi, his cooperation in the investigation, the filed charge-sheet, and the absence of any need for custodial interrogation.

Court's answer

Considering the nature of the accusations, the applicant's antecedents, that the injuries sustained by the police personnel were simple in nature, that vague and general allegations were levelled against the applicant, that identically placed co-accused Ramkhiladi had been granted anticipatory bail, that the applicant had cooperated in the investigation, that the charge-sheet had been filed, and that no custodial interrogation was required, the applicant is entitled to be enlarged on anticipatory bail, without commenting on the merits of the case.

Ratio / Principle

In the event of arrest, the applicant Munesh is to 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, subject to the imposed conditions: availability on each date fixed; no inducement, threat or promise to dissuade disclosure of facts; and no departure from India without previous permission, with deposit of any passport with the concerned court.

Key takeaways

In default of any of the imposed conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Vivek Varma, J.), by order dated 6.5.2025, granted anticipatory bail (filed under Section 482 BNSS, Criminal Misc. Anticipatory Bail Application No. 1573 of 2025) to applicant Munesh in Case Crime No. 203 of 2024, Police Station Junawai, District Sambhal, under Sections 191(2), 109(1), 352, 351(2), 118(1), 121(1), 121(2), 132, 324(4) and 126(2) of the Bhartiya Nyaya Sanhita, 2023, arising from an FIR alleging that thirteen accused, including the applicant, assaulted police personnel whose medical report showed the injuries to be simple in nature. Grounds accepted: vague and general allegations against the applicant; injuries indicating no intent to kill; parity with identically placed co-accused Ramkhiladi, granted anticipatory bail by this Court on 8.4.2025 in Criminal Misc. Anticipatory Bail Application No. 1378 of 2025; investigation completed and charge-sheet submitted with the applicant's cooperation; applicant summoned by the concerned court and no custodial interrogation required; criminal history explained in paras 23-24 of the application. The Learned A.G.A. opposed but could not satisfactorily dispute the submissions. Release ordered, in the event of arrest, during pendency of trial on a personal bond of Rs. 50,000/- with two sureties each in the like amount, subject to conditions of availability on fixed dates, abstention from inducement/threat/promise, and no departure from India without previous permission with passport deposit; on default, the court concerned may enforce. The application stood disposed of without comment on merits.