Allahabad High Court
Bankey Lal And 4 Others vs State Of U.P. on 30 July, 2025
Author: Vivek Varma
Bench: Vivek Varma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:127123
Court No. - 69
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 5824 of 2025
Applicant :- Bankey Lal And 4 Others
Opposite Party :- State of U.P.
Counsel for Applicant :- Diwakar Tiwari,Jyoti Tiwari
Counsel for Opposite Party :- G.A.
Hon'ble Vivek Varma,J.
1. Sri Raj Sharma, learned Advocate has filed Vakalatnama on behalf of the informant. The same is taken on record.
2. Heard counsel for the applicants, counsel for the informant and Sri Neeraj Kumar Sharma, learned AGA for the State. Perused the material available on record.
3. This application has been filed seeking anticipatory bail in Case Crime No.733 of 2024, under Sections 115(2), 352, 351(2), 191(2), 110 B.N.S., Police Station Sasni Gate, District Aligarh, during the trial.
4. Counsel for the applicants contends that the applicants have been falsely implicated in the present case. As per the first information report, the applicant nos.1, 2, 3 and 4 along with one named accused and three unknown persons are alleged to have assaulted three persons. Applicant no.5 is not named in the first information report. As per the medical report of the three injured, the injuries received by them were simple in nature. The name of applicant no.5 surfaced during the course of examination. It is next contended that it is a cross case. The applicant no.2 had also lodged a first information report dated 25.11.2024 against the informant, registered as Case Crime No.730 of 2024, under Sections 191(2), 118(2), 333, 351(2) B.N.S., P.S. Sasni Gate, District Aligarh. From the side of the applicants, one person received injuries. The aggressor is still to be ascertained. Investigation has been completed. Charge sheet has been submitted. The applicants had co-operated in the investigation. The applicants have been summoned by the concerned court. No custodial interrogation is required. Counsel for the applicants further contends that the maximum sentence provided for the alleged offences is upto seven years. He submits that in view of the judgment of Hon'ble Supreme Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773, the applicants are entitled to be enlarged on anticipatory bail. The applicants have no criminal history. The applicants have apprehension of their arrest in the above mentioned case. In case, the applicants are granted anticipatory bail, they will not misuse the said liberty.
5. Learned A.G.A. has opposed the prayer for anticipatory bail but could not satisfactorily dispute the aforesaid submissions from the record.
6. The Supreme Court in the case of Satender Kumar Antil (supra) has laid down the guidelines with regard to enlargement of an accused on bail. The guidelines provided category/type of offences. One of the category being Category-A are offences punishable with imprisonment of seven years or less. The Supreme Court in paragraph-3 of the aforesaid judgment has laid down the guidelines that after the filing of the charge sheet/cognizance ordinary the summons are required to be issued permitting the appearance of the accused through Lawyer and the bail applications of the accused persons on appearance are to be decided without the accused being taken into custody or by granting interim bail. A perusal of the aforesaid guidelines would demonstrate that the liberty of an individual has been recognized by the Hon'ble Supreme Court in the aforesaid judgment in term of Article 21 of the Constitution of India.
7. It is further to be noted that as per Section 35 of B.N.S. also during investigation the liberty of an individual is protected in respect of an offence where the maximum punishment provided is upto seven years.
8. It is not the case of the opposite party that applicants were arrested for the alleged offences during investigation and it is also not the case of the opposite party that the applicants had not co-operated in the investigation. Once no apprehension has been raised with regard to the conduct of the applicants and the applicants have been charge-sheeted and summoned in respect of offence in which punishment provided is upto seven years, then in view of the judgment of the Supreme Court in Satender Kumar Antil (supra), the liberty of the individual is required to be protected.
9. It is not shown by learned AGA that the nature and gravity of allegations are such that the same would disentitle the applicants for relief of anticipatory bail. No material, facts, circumstances or concern been shown by learned AGA for the State that the accused may tamper with the evidence or witnesses or accused is of such character that his mere presence at large would intimidate the witnesses or that accused will use his liberty to subvert justice or tamper with the evidence.
10. It is settled principle of law that the object of bail is to secure the attendance of the accused. No material particulars or circumstances suggestive of the applicants fleeing from justice or thwarting the course of justice or creating other troubles in the shape of repeating offences or intimidating witnesses and the like have been shown by learned AGA for the State.
11. Having 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 three injured, the injuries received by them were simple in nature; the applicant no.2 had also lodged a first information report dated 25.11.2024 against the informant, registered as Case Crime No.730 of 2024, under Sections 191(2), 118(2), 333, 351(2) B.N.S., P.S. Sasni Gate, District Aligarh; from the side of the applicants, one person received injuries; the aggressor is still to be ascertained, investigation has been completed, charge sheet has been filed, the applicants had co-operated in the investigation, the applicants have been summoned by the concerned court, no custodial interrogation is required, the offences against the applicants are punishable up to seven years and adhering to the guidelines provided in the judgment of the Supreme Court in Satender Kumar Antil (supra), without commenting on merits of the case, I am of the opinion that the applicants are entitled to be enlarged on anticipatory bail.
12. In the event of arrest, the applicants Bankey Lal, Kishan Babu @ Kali, Vishnu, Manoj Kumar and Jitesh Kumar, involved in 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 applicants shall make themselves available on each date fixed in the matter by the court concerned;
(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;
(iii) the applicants shall not leave India without the previous permission of the Court and if they have passports, the same shall be deposited by them before the concerned court.
13. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.
14. The application stands disposed of.
Order Date :- 30.7.2025
Manish Kr
