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2025 DAILYLAW 147211 (ALL)

SAURABH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

NABAIL/680/2025 · 2025-09-22

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 680 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Abhishek Shukla, learned counsel for the applicant, Sri Avishesh Kumar Singh, learned A.G.A. appearing on behalf of the State and Sri Pramod Kumar, the learned counsel for the complainant. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.98 of 2025, under Sections 109, 3(5) B.N.S, registered at Police Station Patti, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 08.04.2025 against four persons, including the applicant, stating that the co-accused Virbal had shot at the complainant due to which he suffered a gun shot injury on his right shoulder. It is alleged that the other accused persons entered the house of the complainant's maternal uncle and fired shots. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent and he has been falsely implicated in the present case. The applicant's involvement in another case has been disclosed in para 22 of the affidavit, in which he has not received any summon. Versus Counsel for Applicant(s) : Durgesh Mishra, Abhishek Shukla, Manvendra Mishra, Saumya Singh Counsel for Opposite Party(s) : G.A., Pramod Kumar Saurabh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko And Another .....Opposite Party(s) 5. The learned counsel for the applicant has submitted that the co-accused Raman Kumar has been granted interim anticipatory bail by means of an order dated 24.06.2025 passed by the Coordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application No.690 of 2025. 6. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the non-bailable warrant has been issued against the applicant. 7. In response to the aforesaid objection, the learned counsel for the applicant has submitted that the applicant has apprehension of arrest and upon being given protection of anticipatory bail, the applicant will cooperate with the investigation. 8. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the allegation levelled against the applicant are similar to those levelled against the co-accused Raman Kumar, who has already been granted interim anticipatory bail and that the applicant has undertaken to cooperate in the investigation/trial, I am of the view that the applicant is also entitled to be granted anticipatory bail in the present case on the ground of parity. 9. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Saurabh Kumar before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) that the applicant 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 him from disclosing such facts to the Court or to any police officer or tamper with the evidence; NABAIL No. 680 of 2025 2 (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. September 22, 2025 Preeti NABAIL No. 680 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench