Amrish Giri and 4 Others vs State of U.P. and 3 Others

Neutral Citation No. - 2025:AHC:133797

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5012 of 2025

Applicant :- Amrish Giri And 4 Others Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Akanksha Gaur Counsel for Opposite Party :- G.A.

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Hon'ble Vivek Varma,J.

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Supplementary affidavit filed by the counsel for the applicants, is taken on record.

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Heard learned counsel for the applicants and Sri Neeraj Kumar Sharma, learned AGA for the State and perused the material on record.

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This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 265 of 2024, under Sections 190, 191(2), 191(3), 333, 115(2), 352, 351(2) and 351(3) BNS and Section 3(2)(va) of SC/ST Act, Police Station Simbhawali, District Hapur.

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Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. The incident is alleged to have occurred on 22.09.2024. The first information report was lodged on 23.09.2024 at 15:35 hrs. The delay is fatal to the prosecution case. As per the the first information report, two persons namely Krishan and Sunil Kumar received injuries. Prior to lodging of the first information report, both the injured were examined by the doctor on 23.09.2024 at 12:55 A.M. at CHC Sikhera, Simbholi, Hapur. The medical report records that the injured were brought by Home Guard Mr. Om Dutt Tyagi. It is contended that prior to lodging of the first information report, no information was sent to the police station and as such the injured being brought to the Community Health Centre by the Home Guard discredits the prosecution case. The injuries sustained by two injured were simple in nature. Vague and general allegations have been levelled against the applicants. There are inconsistencies in the statement of the victim under Sections 180 BNSS and 183 BNSS. There are no allegations of indecent behaviour against the applicants. The allegations of violation of SC/ST Act are general and made to lend colour to the story. The investigation has been completed. Charge-sheet has been filed. The applicants had cooperated in the investigation. No custodial interrogation is required. The applicants have been summoned by the court concerned. Prior to the present case, the applicant no.1 was involved in Case Crime No. 78 of 2019, under Sections 452, 147, 323, 324 IPC, Police Station Simbhawali, District Hapur, whereas the applicant nos. 2, 3, 4 and 5 have no criminal antecedents. The applicants have apprehension of their arrest in

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the above mentioned case.

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Learned AGA for the State 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, considering the nature of accusations and antecedents of the applicants and, in particular, the fact that the first information report was lodged belatedly; vague and general allegations have been levelled against the applicants; the injuries sustained by two injured were simple in nature; there are inconsistencies in the statement of the victim under Sections 180 and 183 B.N.S.S; there are no allegations of indecent behaviour against the applicants; the investigation has been completed; 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- Amrish Giri, Manish Giri, Dushyant Giri, Sachin and Bhism Giri 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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Further, 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 :- 7.8.2025 Lbm/-

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

Amrish Giri and 4 Others v. State of U.P. and 3 Others

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Amrish Giri and 4 Others v. State of U.P. and 3 Others

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