High Court
Case Details
Neutral Citation No. - 2025:AHC:71938 Court No. - 65 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 3282 of 2025 Applicant :- Sumit Singh @ Deepak Bhadauria Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Mishra,Saurabh Mishra Counsel for Opposite Party :- G.A. Hon'ble Krishan Pahal,J. 1. List has been revised.
Legal Reasoning
2. This is the second anticipatory bail application filed on behalf of the applicant. The first one was rejected by this Court on 21.2.2024 in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 438 Cr.P.C. No. 17609 of 2021.
Legal Reasoning
3. Heard Sri Saurabh Mishra, learned counsel for applicant as well as Sri R.P. Patel, learned State Law Officer and also perused the material available on record. 4. The present application for anticipatory bail has been filed for protection in regard to Case No. 66 of 2024, arising out of FIR/Case Crime No. 80 of 2021, under Sections 147, 148, 149, 307, 327, 332, 333, 336, 353, 504, 506 I.P.C., Section 7 Criminal Law (Amendment) Act, P.S.- Barhpura, District- Etawah. PROSECUTION STORY: 5. As per prosecution story, the applicant alongwith four named persons and about 20 unknown persons are stated to have assaulted the police personnel on 27.7.2021 at about 7.30 am. ARGUMENTS ON BEHALF OF APPLICANT: 6. The applicant is maliciously being prosecuted in the present case due to ulterior motive and has the apprehension of his arrest. The applicant has nothing to do with the said offence as alleged by the prosecution. 7. The FIR is delayed by about 13 hours and there is no explanation of the said delay caused. 8. There are five police personnel who sustained injuries in the instant case but all the injuries are simple in nature. There is nothing on record to suggest as to how the applicant was identified to be one of the assailants, as such, the applicant is entitled for anticipatory bail. 9. The applicant was granted interim anticipatory bail by a co-ordinate Bench of this Court vide order dated 22.10.2021 in CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 438 Cr.P.C. No.17609 of 2021 for a period of 90 days or till the submission of report u/s 173 (2) Cr.P.C. The said anticipatory bail application was dismissed by this Court vide order dated 21.2.2024 and the following order was passed:- "Supplementary affidavit filed today is taken on record. Heard Sri Pankaj Kumar Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record. Present application has been filed by the applicant, namely, Sumit Singh @ Deepak Bhadauriya invoking the powers of Section 438 Cr.P.C. stating therein that he reasonably apprehends his arrest by the police for having committed a non-bailable offence registered vide Case Crime No. 80 of 2021, under Sections 147, 148, 149, 307, 327, 332, 333, 336, 353, 504, 506 IPC and 7 Criminal Law Amendment Act, Police Station Barhpura, District- Etawah. Perusal of the record shows that the prayer for anticipatory bail has already been rejected by the court below vide its order dated 8.9.2021. It is further germane to point out here that prior notice of this anticipatory bail application was served in the Office of Government Advocate and as per Chapter XVIII, Rule 18 of the Allahabad High Court Rules and as per direction dated 20.11.2020 of this Court in Criminal Misc. Anticipatory Bail Application U/s 438 Cr.P.C. No. 8072 of 2020, Govind Mishra @ Chhotu Versus State of U.P., this anticipatory bail application is being heard. Grant of further time to the learned A.G.A. as per Section 438(3) Cr.P.C. (U.P. Amendment) is not required. Learned counsel for the applicant has submitted that the applicant is wholly innocent and has been falsely implicated in the present case due to ulterior motive. Learned counsel for the applicant has further submitted that similarly co- accused Chhotu @ Bhanu Pratap and Ravi Singh Bhadauriya @ Raghuvar Singh Bhadauria have already been granted bail by coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No. 15884 of 2021 vide order dated 30.9.2021 and Criminal Misc. Anticipatory Bail Application No. 15879 of 2021 vide order dated 8.10.2021 and the case of the applicant stands on the same footing as that of co-accused who have already been granted bail. The applicant has no criminal history as stated in paragraph 15 of the bail application. Learned counsel for the applicant has further submitted that the applicant has no criminal antecedents and has not been convicted by any court of law. He has further submitted that the applicant shall render all co- operation and assistance to the investigative Authorities in carrying out the investigation. He has further submitted that there is no possibility of applicant fleeing away from judicial process or tampering with the evidence. The applicant is ready to furnish a personal bond and reliable sureties.