GARIBE v. STATE OF U.P. THRU. PRIN. SECY. HOME,LUCKNOW
ABAIL/776/2025 · 2025-07-15
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 150942 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 150942 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40142 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 776 of 2025 Applicant :- Garibe Opposite Party :- State Of U.P. Thru. Prin. Secy. Home,Lucknow Counsel for Applicant :- Sudhaker Prakash Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.259 of 2024 under sections 323, 504, 506, 308, 325, 147 I.P.C., P.S. Rampur Mathura, district Sitapur. 2.Heard learned counsel for the applicant and learned Additional Government Advocate for the State. Notice to respondent No.2 is dispensed with. 3.In the prosecution case, it is alleged that while the complainant was going home on 23.6.2024 at about 7.00p.m., on the way, due to enmity, the named accused persons hurled abuses to him and also beaten with kicks, fists and danda. Hearing the alarm, Ram Kumar, brother of the complainant came to his rescue. He was also beaten.
Learned counsel for the applicant submits that as per statement of the injured witnesses, general allegation has been levelled against the named accused persons and the charge sheet has been filed against four named accused as well as the co-accused Kunti. No specific role has been assigned to them. There are two injured in this case. There is no requirement of custodial interrogation. The applicant is 65 years old having no criminal antecedent.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial.
4. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. It is submitted that during investigation, sections 147, 325, 308 I.P.C. have been added. One of the injured has suffered fracture on the vital part. 5.Considering the above aspects of the matter, perusal of the record, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2.25 SCC OnLine SC 116, the applicant is 65 years old, charge sheet has been filed, the co- accused Kunti has been granted anticipatory bail by the trial court, and without entering into the merit of the case, it would be appropriate to grant protection to the applicant.
6. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed.
7. In case of default, it would be open for the trial court to proceed in accordance with law.
8. The application is allowed accordingly.
Order Date :- 15.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench