Citation : 2025 Latest Caselaw 7856 ALL
Judgement Date : 18 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:97339 Court No. - 67 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4216 of 2025 Applicant :- Narayan Alias Om Narayan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Harikrishna Tiwari,Heema Pal,Narendra Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Narendra Singh, learned counsel for the applicant, Sri K.P. Pathak, learned A.G.A. 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.38 of 2025, under Sections-190, 191(2), 191(3), 115(2), 109, 352, 351(2), 125, 333, 131 BNS & 7 Criminal Law Amendment Act, Police Station-Naseerpur, District-Firozabad.
3. Contention of learned counsel for the applicant is that there was sudden brawl which resulted into free fight between two groups lead by Rakesh Kumar and Arvind. The applicant belongs to the group of Arvind and he has been falsely implicated merely because he belongs to the group of Arvind without assigning any role to the applicant in the aforesaid free fight. It is further submitted that applicant has no criminal history except one case u/s 147, 323, 352 IPC in which the applicant has been released on bail.
4. Learned AGA has opposed the prayer but could not dispute the aforesaid fact.
5. Hence without expressing any opinion on the merits of the case and considering the nature of accusations, gravity of offence and antecedents of applicant, he is entitled to get anticipatory bail till submission of police report under Section 193 B.N.S.S. 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- Narayan Alias Om Narayan 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 :- 18.6.2025
S.Chaurasia
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