Sahab Singh and 2 Others v. State of U.P

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 7707 of 2025 Court No. - 69 HON'BLE VIVEK VARMA, J.

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

¶2Heard counsel for the applicants, Sri V.P. Tripathi, learned A.G.A. for the State and perused the material placed on record.

¶3The instant application has been filed with the prayer to grant anticipatory bail to the applicants in Case Crime No. 254 of 2025 under Sections 109, 333, 115(2) of B.N.S., Police Station Jalesar, District Etah.

¶4Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case. As per the first information report, the applicants are alleged to have assaulted the informant and her husband. As per the medical report of the two injured, the injuries sustained by them were simple in nature. It is contended that the nature of injuries to the injured persons shows that there was no intent to murder. It is next contended that it is a cross case. The applicant no. 1 has also lodged an F.I.R. against the husband of the informant on 05.06.2025 registered as Case Crime No. 0253 at P.S. Jalesar, District Etah under Sections 115(2), 351(3), 352, 109 of B.N.S. The applicants have also received injuries. The aggressor is still to be ascertained. At this stage, there is no credible evidence to link the applicants with the offence. The applicants have no criminal antecedents. The investigation is still pending. It is next submitted that the applicants have apprehension of their arrest and in case, the applicants are granted Versus Counsel for Applicant(s) : Mamta Gupta, Ravi Prakash Srivastava Counsel for Opposite Party(s) : G.A. Sahab Singh And 2 Others .....Applicant(s) State of U.P. .....Opposite Party(s) anticipatory bail, they will not misuse the said liberty.

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

¶6Counsel for the applicants 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, antecedents of the applicants and the fact that as per the medical report of the two injured, the injuries sustained by them were simple in nature; the nature of injuries to the injured persons shows that there was no intent to murder; it is a cross case. The applicant no. 1 has also lodged an F.I.R. against the husband of the informant on 05.06.2025 registered as Case Crime No. 0253 at P.S. Jalesar, District Etah under Sections 115(2), 351(3), 352, 109 of B.N.S; at this stage, there is no substantive evidence against the applicants, without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail till the submission of police report.

¶8In the event of arrest, the applicants-Sahab Singh, Kiran and Raju 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 applicants shall make themselves available for interrogation by a police officer as and when required;

(ii) The applicants 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 applicants shall not leave India without the previous permission of the Court and if they have passport, the same shall be deposited by them before the S.S.P./S.P. concerned.

¶9In default of any of the conditions, the Investigating Officer is at liberty to NABAIL No. 7707 of 2025 file appropriate application for cancellation of anticipatory bail granted to the applicants.

¶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 applicants.

¶11The applicants are 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 Sachin Mishra NABAIL No. 7707 of 2025 (Vivek Varma,J.) High Court of Judicature at Allahabad