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2025 DAILYLAW 148816 (ALL)

BALWANT v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/755/2025 · 2025-07-08

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:38676 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 755 of 2025 Applicant :- Balwant Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Dhananjai Kumar Tripathi,Kajol,Tanupriya Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant 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. 127 of 2025, under Sections 313, 317(2) of B.N.S., P.S.- Risia, District- Bahraich. Learned counsel for the applicant submits that the applicant is innocent and he has been falsely implicated in the case. The applicant was not apprehended on the spot and his name has surfaced in the confessional statement of the co-accused. There is no independent witness of the alleged recovery. The offences under which the applicant are charged, are triable by a Magistrate. Learned counsel further submits that the applicant has no previous criminal history and is willing to cooperate with the investigation. Learned A.G.A. has opposed the prayer for anticipatory bail of the applicant and submitted that the investigation is pending. On due consideration to the fact that the applicant was not apprehended on the spot; there is no independent witness of the alleged recovery; the applicant has no previous criminal record; the alleged offences are triable by a Magistrate and the undertaking given by the applicant to cooperate with the investigation, it would be expedient in the interest of justice that the liberty of the applicant may be protected. In view of the above, it is provided that in the event of arrest, the applicant- Balwant shall be released on anticipatory bail in the aforesaid Case Crime number on his 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 applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant 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