Allahabad High Court
Bhairav Prasad And 2 Others vs State Of U.P. And Another on 18 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:97408
Court No. - 67
Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 4269 of 2025
Applicant :- Bhairav Prasad And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Rishi Yadav, Suresh Singh
Counsel for Opposite Party :- G.A.
Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Suresh Singh, learned counsel for the applicants, Sri K.P. Pathak, learned AGA for the State and perused the record.
2. The present application has been filed by the applicants seeking bail in anticipation of their arrest in Case Crime No. 146 of 2024, under Sections 323, 504, 506, 308, 34 IPC, Police Station- Charwa, District- Kaushambi.
3. Contention of learned counsel for the applicants is that the applicants' sides as well as informant's side have received injuries in sudden brawl and free fighting. It is further submitted that the applicant no.1 is aged about 80 year old and he has also received serious injuries. The applicants have been falsely implicated in the present case and they are entitled to be released on anticipatory bail.
4. Per contra, learned A.G.A. has opposed the prayer for anticipatory bail and submitted that it is not in dispute that the applicant was not involved in the aforesaid free fight and both sides have received serious injuries.
5. Considering the submissions of learned counsel for the parties and perusal of record, it is clear that the victim Om Prakash, who has received serious injuries, has made specific allegation against the applicant no.2 Purshottam and applicant no.3 Nirostam. Therefore, this Court is not inclined to grant anticipatory bail to applicant no.2 Purshottam and applicant no.3 Nirostam and their anticipatory bail application is rejected. However, they are at liberty to move regular bail. In case, such bail application is filed before the court below within 15 days from today, their bail application shall be considered and decided in view of law laid down by the Apex Court in the case of Satender Kumar Antil vs Central Bureau of Investigation and another, 2021 SCC Online SC 922.
6. However, considering the fact that injured Om Prakash did not make any allegation against the applicant no.1 Bhairav Prasad, who is aged about 80 years old and also received serious injures, without expressing any opinion on the merits of the case, he is entitled to be released on anticipatory bail during trial 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.
7. In the event of arrest, the applicant no.1 Bhairav Prasad 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 applicants shall make himself 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 them 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;
(iv) The applicants shall not tamper with the prosecution evidence by intimidating/ pressurizing the witnesses, during the investigation.
(v) The applicants shall not indulge in any criminal activity or commission of any crime after being released on bail.
8. In case of breach of any of the above conditions, it shall be a ground for cancellation of anticipatory bail.
9. With the aforesaid observations/directions, the application stands disposed of.
Order Date :- 18.6.2025
A.Kr.
