Jaypal Singh v. State of U.P. and 3 Others

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7689 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.

¶1Heard counsel for the applicant as well as Sri V.P. Tripathi, learned A.G.A. for the State and Sri Lalit Kumar Srivastava, counsel for the informant. Perused the material placed on record.

¶2This application has been filed seeking anticipatory bail in Case Crime No.285 of 2024, under sections 193(2), 191(3), 115(2), 74, 76 B.N.S., and 7/8 POCSO Act, P.S. Kirawali, District Agra.

¶3Counsel for the applicant submits that the applicant has been falsely implicated in the present case. The incident is alleged to have occurred at Gata No. 156 situated at Mauja Jithaura, Tehsil Kiraoli, District Agra. The applicant as well as the informant both are claiming rights on the said land. The proceedings are pending before the revenue courts. The incident is alleged to have occurred on 13.10.2024. The first information report was lodged on the same day. The injured was examined by the doctor on

16.10.2024. In the statement of the doctor and in the medical report the duration of the injuries has not been recorded. It is next contended that the injuries recorded by the doctor cannot be Versus Counsel for Applicant(s) : Kuldeep Singh Chahar Counsel for Opposite Party(s) : G.A., Lalit Kumar Srivastava Jaypal Singh .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) attributed to the present incident. As per the ossification test report dated 16.1.2025, the victim was found aged 18 years. The investigation has been completed. The applicant had cooperated in the investigation. No custodial interrogation is required. The applicant has been summoned by the concerned Court. The applicant has no criminal antecedents. 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.

¶4Learned A.G.A. and counsel for the informant have opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.

¶5Having regard to the submissions made, considering the nature of accusations and antecedents of the applicant and the fact that prior dispute exists between the parties, the incident is alleged to have occurred on 13.10.2024, the victim was examined by the doctor on 16.10.2024, in the statement of the doctor and in the medical report the duration of the injuries has not been recorded, the exact date on which the victim received injuries cannot be ascertained, as per the ossification test report dated 16.1.2025, the victim was found aged 18 years, the fact that the applicant 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 applicant is entitled for anticipatory bail till conclusion of trial.

¶6In the event of arrest, the applicant Jaypal Singh, 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:-

(i) The applicant shall make himself available on each and every date fixed in the matter by the court concerned;

(ii) The applicant shall not directly or indirectly, make any NABAIL No. 7689 of 2025 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;

(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 his before the concerned court.

¶7In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

¶8The application stands disposed of. September 26, 2025 S.S. NABAIL No. 7689 of 2025 (Vivek Varma,J.) High Court of Judicature at Allahabad