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2025 DAILYLAW 149143 (ALL)

DILEEP KUMAR SRIVASTAVA ALIAS DILEEP KUMAR v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NABAIL/802/2025 · 2025-07-03

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:37454 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 802 of 2025 Applicant :- Dileep Kumar Srivastava Alias Dileep Kumar Opposite Party :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home Lko. And Another Counsel for Applicant :- Kunwar Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant, learned A.G.A. for the State, and perused the material available on record. The present application has been filed seeking anticipatory bail in Case Crime No. 193 of 2025, under Sections 110, 115(2), 352, and 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kotwali Dehat, District Gonda. As per the prosecution case, on 30.04.2025 at about 8:30 a.m., while the son of the complainant was going towards the field, the accused persons, riding on a two-wheeler, on account of a minor and trivial dispute, started abusing and assaulted him on his head, due to which he became unconscious. On hearing the hue and cry, the complainant and his wife Smt. Ramraji reached the spot, and they were also assaulted by the accused persons. Learned counsel for the applicant submits that the applicant has been falsely implicated due to village enmity as on the date of the incident, a mundan ceremony was taking place at his house, making his presence at the spot highly unlikely. Learned A.G.A. has opposed the prayer for anticipatory bail and submits that all three injured persons, in their statements, have consistently named the applicant and alleged his involvement in the incident. It is not a case of false implication. The complainant, his wife, and his son were all beaten by the two accused persons. I have considered the rival submissions and perused the material on record. On due consideration of the submissions advanced by learned counsel for the parties, the statements of the injured persons produced by the learned A.G.A., and the injury reports, it cannot be said that the applicant has been falsely implicated. The complicity of the applicant is evident from the material on record. This is not a fit case for grant of anticipatory bail. Accordingly, the anticipatory bail application is rejected. Order Date :- 3.7.2025 Madhu D.R/P.S Digitally signed by :- MADHU KUMARI High Court of Judicature at Allahabad, Lucknow Bench