Dhakan Lal vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:111644

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4839 of 2025

Applicant :- Dhakan Lal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Copy of the medical report of the injured and C.D. No.10 dated 5.4.2025, produced by learned AGA, is taken on record.

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Heard counsel for the applicant as well as Sri N.K. Sharma, learned AGA for the State and perused the material placed on record.

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This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.73 of 2025, under sections 109, 351(3) B.N.S., P.S. Hafijganj, District Bareilly.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report the applicant along with two named accused and one unknown person are alleged to have assaulted the father of the informant Yudhishthir. As per the medical report, the injured received multiple laceration on the left and right wrist. It is contended that as per C.D. No.10 dated 5.4.2025 the investigating officer after seeing the video footage of the incident has recorded that only one person was seen assaulting the injured. In such circumstances, it is contended that at this stage, there is no clarity with regard to the role of the applicant. It is next contended that the nature of the injury shows that there was no intent to murder. The applicant has no criminal antecedents. The investigation is going on and the applicant has apprehension of his 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 applicant 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, antecedents of the applicant and the fact that the investigating officer after seeing the video footage of the incident has recorded that only one person was seen assaulting the injured, at this stage there is no substantive evidence against the applicant, without commenting on merits of the

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case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

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In the event of arrest, the applicant Dhakan Lal 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.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 applicant shall make himself available for interrogation by a police officer as and when required;

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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 or to any police officer;

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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 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 applicant.

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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 applicant.

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The applicant is 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 :- 11.7.2025 S.S.

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

Dhakan Lal v. State of U.P. and Another

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Dhakan Lal v. State of U.P. and Another

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