Sanjay Mohan and 5 Others vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:72657

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1729 of 2025

Applicant :- Sanjay Mohan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Noor Muhammad,Yogesh Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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At the outset, counsel for the applicants submits that the applicant no.3 has been arrested. The present application against the applicant no.3 has been rendered infructuous. Accordingly the application is dismissed on behalf of applicant no.3.

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Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material placed on record.

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The present application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No.290 of 2024, under sections 191(2), 191(3), 190, 109, 131, 3(5) B.N.S., P.S. Makkhanpur, District Firozabad.

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Counsel for the applicants submits that the applicants have been falsely implicated in the instant case. As per the allegations in the first information report the applicants along with four named accused and five unknown persons are alleged to have caused firearm injury to Smt. Lata. As per the medical report the injured received a single injury on left side of neck. The author of the said injury is not known. Vague and general role has been assigned to the applicants. At this stage there is no credible evidence to link the applicants with the offence. The criminal history of the applicants has been explained in para 19 and 20 of the bail application. It is next submitted that the investigation is going on and the applicants have apprehension of their arrest in the above mentioned case.

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Learned A.G.A. for the State opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

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Learned counsel for the applicants further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

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Having regard to the submissions made by learned counsel for the applicant, considering the nature of accusations and antecedents of the applicant, the fact that as per the medical report the injured received a single injury on left side of neck; the author of the said injury is not known; vague and general role has been assigned to the applicants; at this stage there is no substantive evidence to link the applicants with the offence, without commenting on merits of the case, I am of the opinion

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that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicants Sanjay Mohan, Surjeet @ Babuji, Nilesh Kumar @ Deepa, Upendra @ Upendra Yadav and Praveer @ Praveer Singh 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., 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:-

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(i) The applicants shall make themselves available for interrogation by a police officer as and when required;

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(ii) The applicants 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;

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(iii) The applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.

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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 applicants.

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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 applicants.

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The applicants are 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.

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The application stands disposed of.

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Order Date :- 6.5.2025 S.S.

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Digitally signed by :- SIDDHARTH SRIVASTAVA High Court of Judicature at Allahabad

Sanjay Mohan and 5 Others v. State of U.P. and Another

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Sanjay Mohan and 5 Others v. State of U.P. and Another

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