Pankaj Yadav vs State of U.P.

This application has been filed with the prayer to grant anticipatory bail to the applicant in Case Crime No.52 of 2025, under sections 109, 115(2), 352 B.N.S., P.S. Bheempura, District Ballia.

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Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred on 1.4.2025, the first information report was lodged on 3.4.2025 and the injured was examined by the doctor on 15.4.2025. The delay is fatal to the prosecution case. As per the first information report, the applicant along with two named co-accused namely, Aman and Suraj is alleged to have caught hold of the informant's husband and incited co-accused Mukesh to kill the husband of the informant. Thereafter, Mukesh took out a knife and attacked the husband of the informant with repeated blows. It is contended that the case of the applicant is clearly distinguishable from that of co-accused Mukesh. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. Investigation is pending and the applicant has apprehension of his arrest in the above mentioned case. In case, the applicant is granted anticipatory bail, he will not misuse the said liberty.

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

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NABAIL No. 7560 of 2025

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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, considering the nature of accusations, antecedents of the applicant and the fact that the delay in lodging the first information report is fatal to the prosecution case, the role of catching hold has been assigned to the applicant, 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 for anticipatory bail till the submission of police report.

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In the event of arrest, the applicant Pankaj Yadav 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

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NABAIL No. 7560 of 2025

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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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(Vivek Varma,J.)

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September 23, 2025 S.S.

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

Pankaj Yadav v. State of U.P.

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Pankaj Yadav v. State of U.P.

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