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2025 DAILYLAW 135152 (ALL)

CHHOTE LAL AND ANOTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 3 OTHERS

NABAIL/373/2025 · 2025-04-29

Manish Mathur

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:24551 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 373 of 2025 Applicant :- Chhote Lal And Anothers Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And 3 Others Counsel for Applicant :- Ajay Kushwaha,Vikas Sharma Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J. 1. Heard learned counsel for applicants, learned A.G.A. for the State and perused the record. 2. First application for anticipatory bail has been filed under Section 438 Cr.P.C./ 482 BNSS with regard to Case Crime No.53 of 2025 under Sections 109, 181(2), 326(1), 326, 125, 324(4), 324(5), 115(2), 118(1) BNS, P.S. Phool Behar, District Kheri. 3. As per contents of FIR, the incident is said to have taken place on 04.02.2025 at about 8:30 P.M. when the applicants alongwith co-accused persons are said to have barged into the house of the informant and inflicted injuries upon his minor son. 4. It is submitted that the applicants have been falsely implicated in the charges levelled against them which could be evident from the fact that the entire gist of allegation for causing injuries has been attributed to co-accused- Dataram without any specific role has been attributed to the applicants. It is submitted that the injury report also indicates only simple nature of injuries suffered by the minor son of the informant/ complainant. It is also submitted that the investigation against the applicants is still on going and they do not have any previous criminal history. 5. Learned A.G.A. has opposed the anticipatory bail application and admits that the investigation against the applicants is still on going and they do not have any previous criminal history. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that the entire gist of allegation for causing injuries has been attributed to co-accused- Dataram without any specific role has been attributed to the applicants against whom the investigation is still on going. 7. Thus, having regard to the law laid down by Hon'ble the Supreme Court in Nathu Singh v. State of U.P. and Others, 2021(6) SCC 64, MANU/SC/0360/2021, protection from arrest for limited period of time i.e. till submission of police report under Section 173(2) Cr.P.C., may be granted in favour of the applicants. 8. In result, the anticipatory bail application moved by the applicants- Chhote Lal and Aman Kumar is finally disposed of with a direction that till the submission of police report under Section 173 (2) Cr.P.C., in the event of arrest of applicant in the above-mentioned case, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer subject to the following conditions:- (1) The applicants shall make themselves available for interrogation or even for discovery of any fact by a police officer as and when required; (2) The applicants shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade them from disclosing such facts to the Court or to any police officer; (3) The applicants shall not leave the country without the previous permission of the Court. 9. In case of default of any condition the investigating officer may approach this Court for cancellation/modification of this order. Order Date :- 29.4.2025 Mohd. Sharif Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench