High Court

1. Heard learned counsel for the applicant and Sri Nagendra Kumar Mishra, learned Brief Holder for the State- opposite party. Perused the material available on record.

2. The applicant was granted interim anticipatory bail vide order dated 12.05.2025 passed by this Court. The order is quoted herein below: "1. Heard counsel for the applicant, Sri Rupak Chaubey, learned A.G.A. for the State- opposite party and perused the material placed on record.

2. This application under Section 482 of Bhartiya Nagarik Suraksha Sanhita has been filed seeking anticipatory bail in Case Crime No. 305 of 2024, under Sections 191(2), 191(3), 190, 109(1), 132, 121(1), 324(5), 326G, 310(2), 223B of Bhartiya Nyaya Sanhita, 2023, Section 7 Criminal Law Amendment Act, and Section 3/4 Prevention of Damage to Public Property Act, Police Station Nakhasa, District Sambhal.

3. Counsel for the applicant submits that the applicant was not named in the first information report. In the first information report six named accused and 150-200 unknown persons are nominated. The name of the applicant surfaced during the course of investigation. In the alleged incident three persons received injuries. The injuries received by three injured were simple in nature. A vague role has been assigned to the applicant. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

4. Matter requires consideration.

5. Issue notice to the informant-opposite party no.2 by registered post AD returnable at an early date.

6. Learned AGA and the counsel for the opposite party no.2- informant may file their respective counter affidavits within three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.

7. Place this case in the additional cause list on 04.07.2025.

8. Till the next date of listing or till submission of Police report under section 193 (3) BNSS, whichever is earlier, in the event of arrest, the applicant Shahnawaj be released on interim anticipatory bail in the aforesaid case crime, 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 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 and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.

9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.

10. The 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 applicant.

11. The applicant is directed to produce a certified 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."

3. Despite time granted, no counter affidavit has been filed by the opposite parties.

4. Learned counsel for the applicant submits that pursuant to the order dated 12.05.2025 the applicant had furnished bail bonds before the court concerned and is cooperating in the investigation. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. In case the applicant is released on anticipatory bail till the conclusion of trial, he will not misuse the said liberty.

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

6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report, his name surfaced during investigation; the injuries received by three injured were simple in nature; a vague role has been assigned to the applicant; at this stage there is no substantive evidence to link the applicant with the offence; the applicant is cooperating in the investigation and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant- Shahnawaj involved in Case Crime No. 305 of 2024, under Sections 191(2), 191(3), 190, 109(1), 132, 121(1), 324(5), 326G, 310(2), 223B B.N.S., 7 Criminal Law Amendment Act, 1932 and 3/4 Public Property Damage of Prevention Act, Police Station Nakhasa, District Sambhal, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation. (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 them from disclosing such facts to the court or to any police officer. (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, and (iii) recording of statement under Section 351 BNSS.

8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 1.8.2025 SKT/-

1. Heard learned counsel for the applicant and Sri Nagendra Kumar Mishra, learned Brief Holder for the State- opposite party. Perused the material available on record.

2. The applicant was granted interim anticipatory bail vide order dated 12.05.2025 passed by this Court. The order is quoted herein below: "1. Heard counsel for the applicant, Sri Rupak Chaubey, learned A.G.A. for the State- opposite party and perused the material placed on record.

2. This application under Section 482 of Bhartiya Nagarik Suraksha Sanhita has been filed seeking anticipatory bail in Case Crime No. 305 of 2024, under Sections 191(2), 191(3), 190, 109(1), 132, 121(1), 324(5), 326G, 310(2), 223B of Bhartiya Nyaya Sanhita, 2023, Section 7 Criminal Law Amendment Act, and Section 3/4 Prevention of Damage to Public Property Act, Police Station Nakhasa, District Sambhal.

3. Counsel for the applicant submits that the applicant was not named in the first information report. In the first information report six named accused and 150-200 unknown persons are nominated. The name of the applicant surfaced during the course of investigation. In the alleged incident three persons received injuries. The injuries received by three injured were simple in nature. A vague role has been assigned to the applicant. At this stage, there is no credible evidence to link the applicant with the offence. The applicant has no criminal antecedents. It is next submitted that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case.

4. Matter requires consideration.

5. Issue notice to the informant-opposite party no.2 by registered post AD returnable at an early date.

6. Learned AGA and the counsel for the opposite party no.2- informant may file their respective counter affidavits within three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.

7. Place this case in the additional cause list on 04.07.2025.

8. Till the next date of listing or till submission of Police report under section 193 (3) BNSS, whichever is earlier, in the event of arrest, the applicant Shahnawaj be released on interim anticipatory bail in the aforesaid case crime, 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 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 and if he has passport the same shall be deposited by him before the S.S.P./S.P. concerned.

9. In default of any of the conditions, the Investigating Officer is at liberty to file appropriate application for cancellation of interim anticipatory bail granted to the applicant.

10. The 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 applicant.

11. The applicant is directed to produce a certified 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."

3. Despite time granted, no counter affidavit has been filed by the opposite parties.

4. Learned counsel for the applicant submits that pursuant to the order dated 12.05.2025 the applicant had furnished bail bonds before the court concerned and is cooperating in the investigation. The applicant has not violated any conditions nor has misused the liberty of interim anticipatory bail. The applicant has no criminal antecedents. In case the applicant is released on anticipatory bail till the conclusion of trial, he will not misuse the said liberty.

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

6. Having regard to the submissions made, considering the nature of accusations, antecedents of the applicant and the fact that the applicant was not named in the first information report, his name surfaced during investigation; the injuries received by three injured were simple in nature; a vague role has been assigned to the applicant; at this stage there is no substantive evidence to link the applicant with the offence; the applicant is cooperating in the investigation and no violation of conditions or misuse of liberty of interim anticipatory bail has been pointed out by learned AGA, without commenting on merits of the case, I am of the opinion that the applicant is entitled to be enlarged on anticipatory bail.

7. In the event of arrest, the applicant- Shahnawaj involved in Case Crime No. 305 of 2024, under Sections 191(2), 191(3), 190, 109(1), 132, 121(1), 324(5), 326G, 310(2), 223B B.N.S., 7 Criminal Law Amendment Act, 1932 and 3/4 Public Property Damage of Prevention Act, Police Station Nakhasa, District Sambhal, be released on anticipatory bail during pendency of trial, on furnishing a fresh 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 applicant shall co-operate with the Investigating Officer during investigation and shall report to the Investigating Officer as and when required for the purpose of conducting investigation. (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 them from disclosing such facts to the court or to any police officer. (iii) The applicant shall not leave the country during the currency of trial without prior permission from the concerned trial Court. (iv) The applicant shall surrender his passport, if any, to the concerned Court forthwith. His passport will remain in custody of the concerned Court. (v) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence and the witnesses are present in court. (vi) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge, and (iii) recording of statement under Section 351 BNSS.

8. In default of any of the conditions, the court concerned is at liberty to pass appropriate orders for enforcing and compelling the same.

9. The application stands disposed of. Order Date :- 1.8.2025 SKT/-