SANJAY AND 2 OTHERS v. STATE OF THRU. THE PRIN. SECY.MINISTRY OF HOME LKO.
ABAIL/199/2025 · 2025-02-12
Shree Prakash Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 122967 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 122967 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:8979 Court No. - 15 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 199 of 2025 Applicant :- Sanjay And 2 Others Opposite Party :- State Of Thru. The Prin. Secy.Ministry Of Home Lko. Counsel for Applicant :- Manoj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Shree Prakash Singh,J. Vakalatnama filed today by Sri Ajay Kumar Mishra and Sri Alok Kumr Tripathi, learned counsel on behalf of the complainant is taken on record. Heard learned counsel for the applicants, Sri Ajay Kumar Mishra, learned counsel for the complainant, learned AGA for the State and perused the record. The instant anticipatory bail application has been filed on behalf of the applicants with the prayer to release them on anticipatory bail in Case Crime No.0219 of 2024, under Sections 302, 504, 506 I.P.C., Police Station Nagram, District Lucknow. A preliminary objection has been raised by the learned counsel for the State that offence is punishable with death sentence and, as such, the matter is covered under the provision of Section (6) (b) of Section 438 of Cr.P.C. and thus, present anticipatory bail application is not maintainable on this ground. Apart from this, he also submitted on merits that the applicants were named in the First Information Report though while the investigation, their names came into light and, as such, final report has been submitted and the trial proceeded whereafter the applicants were summoned as statement of P.W. 1 was recorded and it was found more than prima facie evidence against them. He added that the applicants are involved in committing the murder and, thus, they are not entitled for any relief.
Learned counsel for the applicants has failed to contradict the aforesaid arguments of the counsel for the State, therefore, this Court do not find any good ground to intervene in the matter. The anticipatory bail application is dismissed. Consigned to records.
Order Date :- 12.2.2025/Ram Murti Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench