VIKAS KUMARversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

 CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482
                  BNSS No. - 5407 of 2025

Vikas Kumar
                                                                     .....Applicant(s)
                                       Versus
State of U.P. and Another
                                                                         .....Opposite
                                                                               Party(s)

Counsel for Applicant(s)                :   Ajai Kumar, Vivek Singh Yadav
Counsel for Opposite Party(s)           :   G.A., Praveen Kumar Srivastava

Court No. - 72
                  HON'BLE VIVEK KUMAR SINGH, J.

1. Supplementary affidavit filed today is taken on record.

2. Heard Sri Ajai Kumar, learned counsel for the applicant, learned A.G.A.
for the State and perused the record.

3. None appears on behalf of opposite party no.2/ informant even in the
revised call.

4. The applicant- Vikas Kumar was granted interim anticipatory bail in the
present case by this Court vide order dated 16.07.2025. The said order is
quoted herein below:

     "1. Heard learned counsel for the applicant as well as Sri V.P.Tripathi,
     learned A.G.A. for the State and perused the material available on
     record.

     2. This application has been filed seeking anticipatory bail in Complaint
     Case No. 2452 of 2024, under Sections 323, 307/34, 506, IPC, Police
     Station Mujariya, District Budaun.

     3. Counsel for the applicant submits that the applicant has been falsely
     implicated in the present case. As per the allegations in the complaint, the
     applicant is alleged to have assaulted Ravindra Singh by knife. As per the
     medical report as well as statement of the doctor, the injuries were
     caused by fire arm as well as by a hard and blunt object. The case of the
     applicant is clearly distinguishable from that of other co-accused. The
     applicant has been summoned by the concerned court. The applicant has
     no criminal antecedents. The applicant has apprehension of his arrest in
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                                    2

     the above mentioned case.

     4. Matter requires consideration.

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

     6. Learned AGA as well as the opposite party no.2 are granted four
     weeks' time to file counter affidavit. Rejoinder affidavit, if any, may be
     filed within two weeks thereafter.

     7. Place this case in the additional cause on 01.09.2025 before the
     appropriate Bench.

     8. Till the next date of listing, in the event of arrest of the applicant Vikas
     Kumar in the aforesaid case, shall be released on interim anticipatory
     bail on his furnishing a 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 make himself available on each and every day
     fixed in the matter by the court concerned.

     (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.

     (iii) The applicant shall not leave India without the previous permission
     of the Court and if they have passport, the same shall be deposited by
     them before the concerned court.

     9. In case, the applicants do not co-operate in the proceedings of the trial,
     this order shall stand automatically recalled/vacated and the applicants
     shall be taken into custody, forthwith.

     10. Further, in default of any of the conditions, the court concerned is at
     liberty to pass appropriate orders for enforcing and compelling the same.
     "

5. Earlier interim anticipatory bail was granted to the applicant vide order
dated 16.07.2025 and in pursuance of aforesaid order, the applicant is
regularly appearing before the learned trial court which is clear from perusal
of order sheet appended in the supplementary affidavit dated 05.09.2026.
The applicant is regularly appearing before the learned trial court, therefore,
there is no requirement of custodial interrogation of the applicant.
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                                    6. In view of above, the interim anticipatory bail granted to the applicant
                                    vide order dated 16.07.2025 is hereby made absolute. The applicant will
                                    remain on anticipatory bail till conclusion of trial in Complaint Case
                                    No.2452 of 2024, under Sections 323, 307/34, 506 of I.P.C., Police Station
                                    Mujariya, District Budaun, on the same terms and conditions as given in the
                                    order dated 16.07.2025 passed by this Court.

                                    7. The anticipatory bail application stands allowed.

                                    8. In default or misuse of any of the conditions mentioned in the order dated
                                    16.07.2025, the complainant would be at liberty to file appropriate
                                    application for cancellation of anticipatory bail granted to the applicant,
                                    before the concerned court.



                                                                                           (Vivek Kumar Singh,J.)

                                    September 16, 2026
                                    Radhika




Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad