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2025 DAILYLAW 129277 (ALL)

DURGESH YADAV v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

ABAIL/339/2025 · 2025-03-21

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:16359 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 339 of 2025 Applicant :- Durgesh Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sukh Deo Singh,Paritosh Shukla 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.267 of 2021 under Sections 308, 323, 325, 504, 506 I.P.C. P.S. Lambhua (Now Shivgarh), District Sultanpur. 4. As per contents of first information report, the incident is said to have occurred on 08.06.2021 at about 8.00 P.M. when applicant along with co-accused is said to have inflicted injuries upon brother of informant resulting in serious injuries. 5. It has been submitted that all the Sections imputed against applicant, even if made out, do not entail imprisonment of seven years or more. Learned counsel for applicant has placed reliance on a decision of Hon'ble the Supreme Court in Musheer Alam v. State of U.P. and another reported in 2025 SCC OnLine SC 116. 6. Learned Additional Government Advocate has opposed Anticipatory Bail Application with submission that charge sheet in the present case has already been submitted on 29.07.2021 and summons have already been issued to applicant on 2.7.2022. 7. Hon'ble the Supreme Court in Musheer Alam(supra), in such a situation has already provided liberty to applicant therein for appearing before court concerned and furnishing bail bonds to satisfaction of court. 8. Considering aforesaid facts and circumstances, liberty is also granted to applicant to appear before the court concerned and to apply for regular bail, in case required, which shall be considered in the light of judgment rendered by Hon'ble the Supreme Court in Musheer Alam(supra). 9. Anticipatory Bail Application is disposed of finally subject to the observations and directions made herein above. Order Date :- 21.3.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench