Vipin Bhati vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Vipin Bhati vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Vipin Bhati in Case Crime No. 249 of 2025 till the submission of the police report under Section 193(3) B.N.S.S.: release, in the event of arrest, on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the Station House Officer concerned, subject to conditions of availability for interrogation, abstention from inducement/threat/promise, and no departure from India without previous permission of the Court (passport, if any, to be deposited with the S.S.P./S.P.); on default of any condition the Investigating Officer may apply for cancellation of the bail; the Investigating Officer directed to conclude the investigation expeditiously, preferably within three months, without prejudice from this Court's observations; the applicant to place a copy of the order before the S.S.P./S.P. within ten days; the application thereafter stands disposed of.

Issue for consideration

Whether the applicant, Vipin Bhati, who apprehends arrest in connection with Case Crime No. 249 of 2025 (Sections 115(2), 309(4), 351(2), 352, 191(2), 317(2) B.N.S., Police Station Sikandrabad, District Bulandshahar) amid an ongoing investigation, is entitled to anticipatory bail. +1 more

Court's answer

Having regard to the submissions made, the nature of accusations and antecedents of the applicant, and in particular that the applicant was not named in the first information report, that his name surfaced on the basis of information furnished by an informer, and that at this stage there is no substantive evidence to link the applicant with the offence, the Court, without commenting on merits, opined that the applicant is entitled to be enlarged on anticipatory bail till the submission of the police report.

Ratio / Principle

In the event of arrest, the applicant is to be released on anticipatory bail in the aforesaid case crime till the submission of the 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, subject to the stated conditions (availability for interrogation as and when required; no inducement, threat or promise to dissuade disclosure of facts; no departure from India without previous permission of the Court and deposit of passport, if any, before the S.S.P./S.P.); in default of any condition the Investigating Officer is at liberty to file an appropriate application for cancellation of the anticipatory bail.

Key takeaways

Ancillary operative directions accompanying the grant: 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 the order, independently and without being prejudiced by any observation made by the Court; and the applicant is directed to produce a copy of the order before the S.S.P./S.P. concerned within ten days, who shall ensure compliance of the order.ratio¶18

Detailed headnote1 paragraphs

Anticipatory bail till submission of police report — Allahabad High Court (Vivek Varma, J., sole member; order dated 11.7.2025; neutral citation 2025:AHC:111354) disposing of Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No. 4844 of 2025 by Vipin Bhati against State of U.P. and Another, concerning Case Crime No. 249 of 2025 under Sections 115(2), 309(4), 351(2), 352, 191(2), 317(2) B.N.S., Police Station Sikandrabad, District Bulandshahar. Grounds relied on: the applicant was not named in the FIR and surfaced only through information furnished by an informer; at that stage no substantive evidence linked him with the offence; no criminal antecedents. Without commenting on merits, the Court held him entitled to be enlarged on anticipatory bail till submission of the police report (counsel having sought confinement to that point); release, in the event of arrest, ordered under Section 193(3) B.N.S.S. on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the Station House Officer's satisfaction, subject to conditions (availability for interrogation; no inducement, threat or promise; no departure from India without previous permission, passport if any deposited with the S.S.P./S.P.); on default the Investigating Officer may seek cancellation; investigation to be concluded expeditiously, preferably within three months, uninfluenced by the Court's observations; applicant to produce the order before the S.S.P./S.P. within ten days. Counsel: Saurabh Kumar for applicant; Shashank Shekhar Pandey, A.G.A., for State.