ADITAY SINGH PALIWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
NABAIL/235/2025 · 2025-04-09
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128036 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128036 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:19981 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 235 of 2025 Applicant :- Aditay Singh Paliwal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Vikas Pandey,Krishna Pratap Singh,Praveen Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for the applicant and learned Additional Government Advocate appearing on behalf of opposite party no.1. 2. In view of order being passed notices to opposite party no.2 stands dispensed with. 3. First Anticipatory Bail Application has been filed with regard to Case Crime no.686 of 2024 under Sections 191(2), 109, 352, and 351(2) BNS, P.S. Sushant Golf City, District Lucknow. 4. As per contents of F.I.R., applicant along with co- accused are said to have entered into an altercation with security guards of a local Mall and have also reportedly opened fire upon them. 5. Learned counsel for applicant submits that applicant has been falsely implicated in the charges levelled against him and that applicant is not named in F.I.R.; his name has been nominated subsequently on the basis of statements of other persons. It is submitted that three other co-accused, namely Adarsh Rajesh Singh; Harshit Gupta and Roshan Kumar Singh have been granted anticipatory bail. 6. Learned Additional Government Advocate has opposed
the anticipatory bail application with submission that applicant has been identified through CCTV footage and is the main accused of having opened fire upon security guards. It is submitted that applicant is not cooperating in investigation due to which non-bailable warrant has been issued against him. 7. Considering the submissions advanced and upon perusal of material on record, it appears that role of other persons is distinct from that of applicant since they have not been assigned any role of having opened fire upon security guards. There is also an aspect that applicant is not cooperating in investigation due to which non-bailable warrant has also been issued against him. As per rejection order, video footage of incident has been made a part of case diary indicating complicity of applicant. Considering above, this Court does not find any occasion to entertain anticipatory bail application of applicant. However, applicant shall have liberty to apply for regular bail which may be considered and decided expeditiously. 8.
Anticipatory Bail Application is disposed of finally subject to the observations made herein above. Order Date :- 9.4.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench