VIMAL v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.
NABAIL/767/2025 · 2025-07-01
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 148477 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 148477 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:37060 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 767 of 2025 Applicant :- Vimal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Shivam Kumar Mishra,Manish Barnwal Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Vakalatnama filed by Sri Vivek Kumar Pandey on behalf of complainant is taken on record. Heard learned counsel for the applicant, learned A.G.A. for the State as well as learned counsel for the complainant. The present bail application has been filed seeking anticipatory bail in case crime No.70/2025, under Sections 333, 352, 118(1), 115(2) & 109 BNS, P.S. Paraspur, District Gonda. It is alleged in the prosecution case that on 20.02.2025 at about 07:00 am, the applicant along with co-accused is said to have attacked and injured the informant and his family members.
Learned counsel for the applicant submits that from the applicant's side four persons have also injured and have sustained firearm injuries. The F.I.R. regarding that incident has been registered on 20.02.2025. After two days, this F.I.R. has been registered. There is no specific allegation against the applicant. The injuries received by the three injured are self made and are simple in nature. The applicant has been falsely implicated. He submits that co-accused Jagdamba has been granted bail by Co-ordinate Bench of this Court vide order dated 12.06.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.658 of 2025 and Jay Prakash @ Pappu who was assigned the main role has been granted interim anticipatory bail by the Co-ordinate Bench of this Court vide
order dated 23.05.2025 passed in Criminal Misc. Anticipatory Bail Application U/S 482 BNSS No.489 of 2025. Learned A.G.A. as well as learned counsel for the complainant have opposed the prayer made by learned counsel for the applicant submitting that the investigation is going on.
Learned counsel for the applicant further undertakes that applicant will cooperate in the investigation. Without expressing any opinion on the merits of the case and considering the undertaking given by the applicant that he will cooperate in the investigation as also the bail orders of co- accused Jay Prakash @ Pappu and Jagdamba (supra), nature of injuries sustained by the injured on the applicant side as well as the fact that applicant has explained the previous criminal history and he has undertaken to cooperate in the investigation, the aspect of this F.I.R. being a counterblast to the earlier F.IR. registered by the applicant side, it would be expedient in the interest of justice that the liberty of the applicant may be protected in view of dictum of Apex Court in re: Sushila Aggarwal Vs. State (NCT of Delhi)-2020 SCC online SC 98. In view of the above, the applicant-Vimal is directed to surrender himself before the arresting officer/investigating officer/S.H.O. concerned within ten days from today. In case of such surrender, the arresting officer/investigating officer/S.H.O. concerned shall enlarge the applicant on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court concerned with the following conditions:- (1) The applicant shall cooperate in the investigation and he will not influence the witnesses. (2) The accused-applicant will remain present as and when the arresting officer/1.O./S.H.O. concerned call (s) for investigation/interrogation. (3) The applicant 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. The application stands allowed.
Order Date :- 1.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench