Rinku Gautam Alias Chandan Gautam vs State of U.P.

The present application has been moved seeking anticipatory bail in Case Crime no. 0479 of 2025, under Section 191(2), 191(3), 190, 109(1) of B.N.S., Police Station Vrindavan, District Mathura with the prayer that in the event of arrest, the applicant may be released on bail.

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It is contended by learned counsel for the applicant that applicant is innocent and has been falsely implicated in this case. He further submits that no specific role has been assigned to the applicant. As per the F.I.R., three accused persons including the applicant and 8 to 10 unknown persons have assaulted the first informant's side, as a result of which the first informant is said to have received five injuries. It is also submitted that co-accused Vinay Gautam and Rahul Gautam have already been granted bail by Sessions Court. It is also submitted that applicant has criminal history of one case, which has been explained in Para No. 17 of the application. It was also submitted that applicant undertakes to cooperate during trial and he would appear as and when required by the investigating agency or Court and in case he is granted anticipatory bail, he shall not misuse the liberty of bail and would obey all conditions of bail.

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NABAIL No. 9363 of 2025

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On the other hand, learned A.G.A. submits that he has not received instructions in the matter as yet.

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It may be stated that in case of Siddharam Satlingappa Mhetre v. State of Maharashtra, (2011) 1 SCC 694, it has been held by Hon'ble Supreme Court that while deciding anticipatory bail, the Court must consider nature and gravity of accusation, antecedents of the accused, possibility of accused to flee from justice and that Court must evaluate the entire available material against the accused carefully and the exact role of accused has also to be taken into consideration.

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Considering the submissions of learned counsel for the parties and all attending facts and circumstances of the case, let the applicant Rinku Gautam alias Chandan Gautam in the event of his arrest, be released on interim anticipatory bail on his furnishing a personal bond of Rs. 50,000/with two sureties each in the like amount to the satisfaction of the Court concerned till 17.12.2025 with the following conditions :-

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(i) The applicant shall not tamper with evidence and that he would appear before the trial Court on the date fixed unless exempted by the Court concerned;

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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 him/her/them from disclosing such facts to the Court or to any police officer;

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(iii) The applicant would co-operate during trial and would not misuse the liberty of bail.

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(iv) The applicant shall not leave India without prior permission of the Court concerned.

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In default of any of the conditions, the prosecution shall be at liberty to file appropriate application for cancellation of the interim anticipatory bail granted to the applicant.

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