Nagmati and 3 Others Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:110343

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3025 of 2025

Applicant :- Nagmati And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harish Kumar Tripathi Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Heard counsel for the applicants as well as Sri N.K. Tripathi, learned A.G.A. for the State and perused the material placed on record.

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This application has been filed seeking anticipatory bail in Case Crime No.1036 of 2024, under section 191(2), 191(3), 190, 115(2), 352, 109, 131, 61(2), 3(5), 118(1) of B.N.S., P.S. Jhangha, District Gorakhpur.

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Counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report the applicants along with 16 named accused and 7 to 8 unknown persons are alleged to have assaulted Sandeep Chauhan, Sonu Chauhan, Sanjay Kumar Bharti and Ajay Kumar Sahani. As per the case diary, the injury report of three injured Ajay Kumar Sahani, Sandeep Chauhan and Sanjay Kumar Bharti is not available on record. The statements of three injured are also not available in the case diary. In the statements of two independent witnesses Km. Savita and Gaurav the co-accused Janardan @ Balendra is alleged to have caused knife injury to Sandeep Chauhan. It is next contended that vague and general allegations have been levelled against the applicants. During the course of investigation, the arrest of the applicants was stayed by this Court vide order dated 20.1.2025 passed in Criminal Misc. Writ Petition No. 845 of 2025 (Basanti and 3 others vs. State of U.P. and 2 others). The applicants are ladies and have no criminal history. The investigation has been completed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the concerned Court. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty.

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Learned A.G.A. opposed the prayer for anticipatory bail but

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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 applicants, considering the nature of accusations, antecedents of the applicant and the fact that in the statements of two independent witnesses Km. Savita and Gaurav, the co-accused Janardan @ Balendra is alleged to have caused knife injury to Sandeep Chauhan, vague and general allegations have been levelled against the applicants, further during the course of investigation the arrest of the applicants was stayed by this Court, the fact that the applicants 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 applicants are entitled to be enlarged on anticipatory bail.

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In the event of arrest, the applicants Nagmati, Basanti Usha, Janteera , 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 applicants shall make themselves available on each and every date fixed in the matter by the court concerned;

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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;

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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 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 :- 10.7.2025 S.S.

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

Nagmati and 3 Others v. State of U.P. and Another

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