PRAMOD MORYA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
ABAIL/477/2025 · 2025-05-02
Manish Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 136740 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 136740 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:25314 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 477 of 2025 Applicant :- Pramod Morya and Sahdev Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajesh Kumar,Suhail Kashif Counsel for Opposite Party :- G.A. Hon'ble Manish Mathur,J.
1. Heard learned counsel for the applicants and learned Additional Government Advocate appearing on behalf of opposite party no.1 while power on behalf of informant has been filed by Mr. Sudhir Kumar, Advocate which is taken on record.
2. First Anticipatory Bail Application has been filed with regard to Case Crime no.344 of 2023 under Sections 308, 323, 504, 506 I.P.C., P.S. Manikpur, District Pratapgarh.
3. As per contents of F.I.R., applicants along with co- accused are said to have inflicted injuries upon family members of informant on 13.12.2023 at about 09.00 P.M. resulting in serious injuries.
4. Learned counsel for applicants submits that applicants have been falsely implicated in the charges levelled against them only on account of previous enmity.
5. Learned Additional Government Advocate as well as
learned counsel for informant have opposed the anticipatory bail application with submission that allegations leveled in F.I.R. clearly implicate applicants as persons who have inflicted injuries on vital parts of the injured. It is submitted that injury report also corroborates with the same. It is also submitted that charge sheet has
also been filed in the matter against applicants.
6. Considering the submissions advanced and upon perusal of material on record, it appears that applicants have been specifically nominated in the F.I.R. as having inflicted injuries upon vital parts of family members of informant. Charge sheet in the matter has already been filed and the role of applicants appears to be distinct from other co-accused.
7. In such circumstances, this Court does not find any good ground to interfere in the matter. Applicants shall have liberty to appear before trial court and apply for regular bail which may be decided in terms of decision of Hon'ble the Supreme Court in Satender Kumar Antil v. Central Bureau of Investigation and another reported in (2022) 10 SCC 51.
8. Anticipatory Bail Application is disposed of finally subject to the observations and directions made herein above.
Order Date :- 2.5.2025 kvg/- Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench