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2025 DAILYLAW 148637 (ALL)

DINESH KUMAR AND 4 OTHERS v. STATE OF U.P. THRU. SECY. HOME LKO.

NABAIL/756/2025 · 2025-07-08

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38677 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 756 of 2025 Applicant :- Dinesh Kumar And 4 Others Opposite Party :- State Of U.P. Thru. Secy. Home Lko. Counsel for Applicant :- Narendra Gupta,Mohammad Salim Khan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicants and learned A.G.A. for the State. The present application under Section 438 Cr.PC./482 BNSS has been filed seeking anticipatory bail in case crime/FIR No. 122 of 2025, under Sections 191(2), 191(3), 190, 109(1), 121(1), 132, 223, 352, 351(3), 125 of B.N.S.; Section 2/3 Prevention of Damage to Public Property Act, 1984; and Section 7 C.L.A. Act, P.S.- Pisawan, District- Sitapur. In the prosecution case, it is alleged that some persons had raised the sculptures of Baba Saheb Bhim Rao Ambedkar and Mahatma Buddh on the public land. On coming to know, the S.D.M., Maholi directed for removal of these sculptures. However, the same were not removed by the villagers even after granting time. Therefore, the S.D.M., Maholi vide its order dated 5.4.2025 removed these sculptures and as soon as the said sculptures were loaded on the tractor trolley, approximately 100 persons surrounded the Police team and Revenue team and started pelting stones and beating them with lathi-danda, due to which several persons have been injured. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the case. No specific role has been assigned to the applicants. Admittedly, the injuries sustained by the injured are simple in nature. It is not clear from the witnesses that who has caused these simple injuries. Learned counsel further submits that the applicants have no previous criminal history and they undertake to cooperate with the investigation. Learned A.G.A. has opposed the anticipatory bail application. On due consideration to the general nature of allegations levelled against 100 persons; the nature of injures sustained by the injured; and the fact that the applicants have no previous criminal history and the undertaking given by the applicants to cooperate with the investigation, it would be expedient in the interest of justice that the liberty of the applicants may be protected. In view of the above, it is provided that in the event of arrest, the applicants- Dinesh Kumar, Suresh Kumar, Umesh, Vivek Kumar and Ajad shall be released on anticipatory bail in the aforesaid Case Crime number on their furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicants shall report to the investigating officer within twenty days from today. They shall cooperate in the investigation and they will not influence the witness. The accused-applicants will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicants shall not leave India without previous permission of the Court. In case of default, it would be open for the investigating agency to move application for vacation of this interim protection. The anticipatory bail application is allowed. Order Date :- 8.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench