Neeraj Kumar Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:62791

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 2977 of 2025

Applicant :- Neeraj Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Pundir Counsel for Opposite Party :- Arun Kumar Sharma,G.A.

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Hon'ble Vivek Varma,J.

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Heard learned counsel for the applicant, Sri Arun Kumar Sharma, counsel for the informant as well as Sri Neeraj Kumar Sharma, learned AGA for the State, and perused the material placed on record.

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This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 211 of 2023, under Sections 147, 148, 149, 379, 307, 323, 504, 506 IPC, Police Station Aunchha, District Mainpuri.

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Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the allegations in the first information report the applicant was alleged to have fired at the informant. In the alleged incident no person received any injury. No injury report is available in the case diary. It is next contended that earlier the co-accused Satya Prakash lodged a complaint against the alleged eye witness Vijay. Pursuant thereto an FIR has been lodged on 30.01.2022, being Case Crime No. 29 of 2022, under Sections 34 and 420 IPC, Police Station Ghiror, District Mainpuri. In counter blast to the said proceedings, the instant prosecution has been instituted. the Investigation has been completed. Charge sheet has been submitted. The applicant had co-operated in the investigation. The applicant has been summoned by the concerned court. No custodial interrogation is required. The applicant has no criminal antecedents. The applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is released on anticipatory bail till conclusion of trial, he will not misuse the said liberty.

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

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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, in particular the fact, that as per the allegations in the first information report the applicant was alleged to have fired at the informant, in the alleged incident no person received any injury, no injury report is available in the case diary, charge sheet has been submitted, the applicant had co-operated in the investigation, 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.

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In the event of arrest, the applicant Neeraj 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:-

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(i) the applicant shall make himself available on each date fixed in the matter by the court concerned;

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(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;

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(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.

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

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The application stands disposed of.

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Order Date :- 24.4.2025 Lbm/-

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Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad

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

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