AKIL v. STATE OF U.P. THRU. PRIN. SECY. HOME AND ANOTHER
NABAIL/284/2025 · 2025-04-03
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 131537 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 131537 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18506 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 284 of 2025 Applicant :- Akil Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Another Counsel for Applicant :- Pradeep Kumar Mishra 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 State. In view of order being passed, notice to opposite party no.2 stands dispensed with. 2. This first anticipatory bail application has been filed with regard to Case Crime No. 54 of 2025, under Sections 191(2)A, 191(3), 132, 109, 115(2), 352, 351(2), 333, 121(1) BNS & 7 CLA Act, Police Station Hargaon, District Sitapur. 3. As per contents of First Information Report, the incident is said to have taken place on 22.02.2025 at about 09:41 PM when the police is received information with regard to an altercation between two groups of persons including the applicant who is the Pradhan concerned. 4. It has been submitted that applicant has been falsely implicated in the charges levelled against him. He has also adverted to the injury reports of alleged injured persons to submit that there is no external injury on the body of persons but complaint of generalized pain all over the body has been indicated. Injury has been reported only with regard to SI Amarjeet Singh who only has a contusion over the right knee joint. It is therefore submitted that sections imputed against applicant are clearly not made out. It is also submitted that applicant does not have any previous criminal history. 5. Learned AGA has opposed the anticipatory bail application with the submission that contents of FIR clearly indicate complicity of applicant in charge levelled against him. It is however admitted that applicant does not have any previous criminal history. 6. Upon consideration of submissions advanced by learned
counsel for parties and perusal of material on record, prima facie, it appears that general role of altercation has been imputed against all the nominated persons in the FIR without any specific role having been alleged against applicant. The injury reports also indicate injuries which are simple in nature. It is admitted by learned AGA that there is no previous criminal history of applicant. 7.
Thus, it would be expedient in the interest of justice that liberty of applicant may be protected till filing of police report u/s 173(2) Cr.P.C. in view of law laid down by Hon'ble the Supreme Court in Sushila Aggarwal and others versus State (NCT of Delhi) and another, (2020)5 SCC. 8. In view of the above, it is provided that till filing of police report u/s 173(2) Cr.P.C. in the event of arrest, the applicant Akil shall be released on anticipatory bail in aforesaid Case Crime number on his/her furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- (1) The applicant(s) shall cooperate in the investigation and he/she will not influence the witnesses. (2) The accused-applicant(s) will remain present as and when the arresting officer/1.O./S.H.O. concerned call(s) for investigation/interrogation. (3) The applicant(s) shall not leave India without previous permission of the Court. (4) In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. 9. The application stands disposed of. Order Date :- 3.4.2025 Satish Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SATISH KUMAR BHARATI High Court of Judicature at Allahabad, Lucknow Bench