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2025 DAILYLAW 131938 (ALL)

ABHISHEK SRIVASTAVA v. STATE OF U.P. THRU. THE PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/290/2025 · 2025-04-04

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18989 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 290 of 2025 Applicant :- Abhishek Srivastava Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Nadeem Murtaza,Harsh Vardhan Kediya Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Nadeem Murtaza, the learned counsel for the applicant, Sri Alok Kumar Tripathi, the learned AGA for the State and perused the records. 2. The instant application has been filed seeking release of the applicant on anticipatory bail in Case Crime No.181/2024, under Sectios 108 and 127 BNS, Police Station Bazar Khala, District Lucknow. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 31.08.2024 against eight named persons, including the applicant and 3-4 unknown persons, stating that the accused persons had forcibly taken away the informant's son in a car and an information in this regard was given to the police chowki Khazua. The informant's son was found dead the following day in Balrampur Hospital. The accused persons themselves had taken him to the hospital. The post mortem examination report mentions no injury on the dead body and the Viscera examination has revealed presence of Aluminum phosphide in his stomach. 4. During investigation, statements of several witnesses have been recorded, all of whom have stated that the deceased had taken money from several persons and the applicant and some other persons had forcibly abducted him to pressurize the deceased for repaying the money taken by him. 5. The learned AGA has opposed the anticipatory bail application and he has submitted that it has come to light during investigation conducted till this stage that the applicant had taken the accused to a hotel and the next day he took him to the hospital where he was declared dead. He has submitted that the investigation is still pending. 6. Keeping in view the aforesaid facts, I am of the view that the facts of the case do not warrant exercise of discretion of this Court by granting prearrest bail to the applicant. 7. Accordingly, the anticipatory bail application is hereby rejected. 8. However, in case the applicant appears before the Court and files an application for grant of bail, the same shall be decided expeditiously in accordance with law without being influenced by rejection of his anticipatory bail application. . [Subhash Vidyarthi, J.] Order Date :- 4.4.2025 Pradeep/- Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench