Mohit vs State Of U.P. And Another
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Allahabad High Court

Mohit vs State Of U.P. And Another on 17 June, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:97032
 
Court No. - 67
 

 
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4587 of 2025
 

 
Applicant :- Mohit
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Mohd. Shahibe Alam
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Arun Kumar Singh Deshwal,J.
 

1. Heard Mohd. Shahibe Alam, learned counsel for the applicant, Sri Sandeep Kumar Srivastava, learned AGA for the State and perused the record.

2. The present application has been filed by the applicant seeking bail in anticipation of his arrest in Case Crime No.73 of 2025, under Sections 191(2), 191(3), 190, 109, 352, 351(2) BNS and Section 3(2)(v) of SC/ST Act, Police Station- Khatauli, District- Muzaffarnagar.

3. Contention of counsel for the applicant is that in case of sudden brawl, no injury was caused to any of the parties and applicant has been falsely implicated. It is further submitted that the applicant belongs to scheduled caste which can be verified from the caste certificate annexed at page 53 of the affidavit, therefore, the applicant is entitled to be released on anticipatory bail.

4. Learned A.G.A. opposed the prayer for anticipatory bail but could not dispute the caste certificate which shows that the applicant himself belongs to scheduled caste, therefore, provision of SC/ST Act cannot be invoked against the applicant.

5. Considering the submissions and taking into the account that there is no injury case and prima facie it appears that the applicant has been falsely implicated in the SC/ST Act and without expressing any opinion on the merits of the case, he is entitled to get anticipatory bail during investigation as per the Constitution Bench judgment of the Apex Court in the case of Sushila Aggarwal vs. State (NCT of Delhi)- 2020 SCC Online SC 98.

6. In the event of arrest, the applicant Mohit involved in the aforesaid crime be released on anticipatory bail on furnishing a personal bond and two sureties each in the like amount to the satisfaction of the investigating officer 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 him 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;

(iv) The applicant shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation.

(v) The applicant shall not indulge in any criminal activity or commission of any crime after being released on bail.

7. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail.

8. With the aforesaid observations/directions, the application stands disposed of.

Order Date :- 17.6.2025

A.Kr.