Sunil Yadav v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7395 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.

¶1Supplementary affidavit filed by learned counsel for the applicant is taken on record.

¶2Heard learned counsel for the applicant and Sri Neeraj Kumar Sharma, learned A.G.A. for the State-opposite party, and perused the material placed on record.

¶3This application has been filed seeking anticipatory bail in Case Crime No. 165 of 2025, under Sections 109(1) B.N.S., 2023 and 3/5 Arms Act, Police Station Bhimpura, District Ballia.

¶4Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is a case of firing on the police party. In the alleged incident no police personnel received any injury. The name of the applicant was disclosed by co-accused Taiyyab Khan, who was apprehended at the spot. The said statement insofar as it implicates the applicant is unreliable. False recovery of a country made pistol and cartridges has been shown from the co-accused. There is no independent witness to the alleged recovery. At this stage there is no credible evidence to link the applicant with the offence. The criminal history of the applicant has been explained in Paragraph-19 of the affidavit filed in support of the bail application and in Paragraph-2 of the supplementary affidavit. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. Versus Counsel for Applicant(s) : Ishwar Kumar Upadhyay Counsel for Opposite Party(s) : G.A. Sunil Yadav .....Applicant(s) State of U.P. .....Opposite Party(s)

¶5Learned A.G.A. opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶6Learned counsel for the applicant further submits that the application for grant of anticipatory bail be confined only till the submission of police report.

¶7Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and, in particular, the fact that in the alleged incident no police personnel received any injury; the name of the applicant was disclosed by co-accused Taiyyab Khan, who was apprehended at the spot; there is no independent witness to the alleged recovery and 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.

¶8In the event of arrest, the applicant-Sunil 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:-

(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 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.

¶9In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of anticipatory bail granted NABAIL No. 7395 of 2025 to the applicant.

¶10The 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.

¶11The 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.

¶12The application stands disposed of. September 26, 2025 SKT/- NABAIL No. 7395 of 2025 (Vivek Varma,J.) High Court of Judicature at Allahabad High Court of Judicature at Allahabad