Vishal Pratap Singh vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

Vishal Pratap Singh vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail granted to Vishal Pratap Singh in Case Crime No. 202 of 2025 (Sections 109, 351(3), 352 B.N.S., P.S. Bairia, District Ballia), confined till submission of police report under Section 193 (3) BNSS; 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 the three conditions imposed; liberty to the Investigating Officer to seek cancellation on default; applicant to deliver order copy to S.S.P./S.P. within ten days; the application stands disposed of.

Issue for consideration

Whether the applicant, arrayed as accused in Case Crime No. 202 of 2025 under Sections 109, 351(3), 352 B.N.S., Police Station Bairia, District Ballia, is entitled to be enlarged on anticipatory bail till the submission of police report.

Court's answer

Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant - in particular that, as per the medical report, the injuries were found simple in nature and, at this stage, there is no substantive evidence to link the applicant with the offence - and without commenting on merits of the case, the court held that the applicant is entitled to be enlarged on anticipatory bail till the submission of police report.

Ratio / Principle

In the event of arrest, the applicant Vishal Pratap Singh shall be released on anticipatory bail in Case Crime No. 202 of 2025 till the submission of police report, if any, under Section 193 (3) BNSS, 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; no inducement, threat or promise to dissuade disclosure; no departure from India without previous permission and deposit of passport with the S.S.P./S.P.); in default of any condition, the Investigating Officer is at liberty to file an appropriate application for cancellation.

Key takeaways

The Investigating Officer was directed to conclude the investigation of the present case in accordance with law expeditiously, preferably within 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 while deciding the anticipatory bail application; the applicant is further to produce a copy of the order before the S.S.P./S.P. concerned within ten days.obiter¶18

Detailed headnote1 paragraphs

ANTICIPATORY BAIL GRANTED (CONFINED TILL SUBMISSION OF POLICE REPORT) - Simple injuries; absence of substantive evidence linking applicant - Single Judge bench (Hon'ble Vivek Varma, J., High Court of Judicature at Allahabad, Court No. 69; Neutral Citation 2025:AHC:114420; order dated 16.7.2025) disposed of anticipatory bail application under Section 482 BNSS (ABA No. 5408 of 2025) of Vishal Pratap Singh, accused in Case Crime No. 202 of 2025 under Sections 109, 351(3), 352 B.N.S., Police Station Bairia, District Ballia, wherein, per the FIR, he alongwith other named coaccused is alleged to have assaulted Amit Kumar Singh by knife. Counsel for applicant argued false implication, that the medical report showed the injuries simple in nature indicating (per counsel) no intent to murder, absence of credible evidence at this stage, criminal history explained in para 13 of the affidavit, and apprehension of arrest pending investigation; the learned AGA (Sri Neeraj Kumar Sharma) opposed but 'could not satisfactorily dispute the aforesaid submissions from the record'. Counsel additionally sought confinement of the bail till submission of police report. Considering the nature of accusations and the applicant's antecedents, in particular the simple nature of injuries per the medical report and the absence, at this stage, of substantive evidence linking the applicant with the offence, and without commenting on merits, the court held the applicant entitled to be enlarged on anticipatory bail till the submission of police report: in the event of arrest, release till submission of police report, if any, under Section 193 (3) BNSS, on a personal bond of Rs. 50,000/- with two sureties each in the like amount to the satisfaction of the SHO concerned, with conditions - availability for interrogation as and when required; no inducement, threat or promise to any person acquainted with the facts so as to dissuade disclosure to Court or police; no leaving India without previous permission, passport to be deposited with the S.S.P./S.P. On default of any condition the Investigating Officer may file an appropriate application for cancellation. The Investigating Officer was directed to conclude the investigation expeditiously, preferably within three months of production of the order copy, independently of, and unprejudiced by, any observation of the Court; the applicant is to produce the order before the S.S.P./S.P. within ten days; the application stands disposed of.

Neutral Citation No. - 2025:AHC:114420

Court No. - 69

Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5408 of 2025

Applicant :- Vishal Pratap Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Singh Sengar Counsel for Opposite Party :- G.A.

Hon'ble Vivek Varma,J.

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

This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 202 of 2025, under Sections 109, 351(3), 352 B.N.S., Police Station Bairia, District Ballia.

Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. As per the first information report, the applicant alongwith other named coaccused are alleged to have assaulted Amit Kumar Singh by knife. As per the medical report, the injuries were found simple in nature. It is contended that the nature of injuries shows that there was no intent to murder. At this stage, there is no credible evidence to link the applicant with the offence. Criminal history of the applicant has been explained in para 13 of the affidavit. It is next submitted that the investigation is pending and the applicant has apprehension of his arrest in the above mentioned case.

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

Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant, in particular the fact, that as per the medical report, the injuries were found simple in nature, at this stage, there is no substantive evidence to link the applicant with the offence, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be

enlarged on anticipatory bail till the submission of police report.

In the event of arrest, the applicant- Vishal Pratap Singh be released on anticipatory bail in the aforesaid case crime till the submission of police report, if any, under Section 193 (3) BNSS, 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:-

(i) The applicant shall make himself available for interrogation by a police officer as and when required;

(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 him from disclosing such facts to the Court or to any police officer;

(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.

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.

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.

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.

The application stands disposed of.

Order Date :- 16.7.2025 Lbm/-

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