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2025 DAILYLAW 151265 (ALL)

WASID KHAN ALIAS VASIK KHAN v. STATE OF U.P. THRU. ADDL. SECY. HOME DEPTT. LKO.

NABAIL/856/2025 · 2025-07-15

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40424 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 856 of 2025 Applicant :- Wasid Khan Alias Vasik Khan Opposite Party :- State Of U.P. Thru. Addl. Secy. Home Deptt. Lko. Counsel for Applicant :- Ajmal Khan,Javed Khan Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the parties and perused the record. The instant anticipatory bail application has been filed by the applicant with a prayer to enlarge him on anticipatory bail in Case Crime No. 0212/2025, u/s 191(2), 132, 121(1), 221, 352, 351(2), 115(2), 109, 309(5) of B.N.S. and under section 7 Criminal Law Amendment Act, Police Station- Kotwali City, District- Pratapgarh. In the prosecution case, it is alleged that the incident occurred at around 11:30 AM on 16.05.2025 outside Court No. 30 within the Civil Court compound. It is further alleged that co-accused Imran, along with others, threatened the informant, hurled abuses at him, and assaulted him when he came out of the courtroom. During the assault, the shoulder badge of the informant's uniform was torn and damaged, an attempt was made to snatch his service pistol, and he was physically assaulted, including being hit on his private parts. Learned counsel for the applicant submits that the applicant has explained criminal antecedent of a single case. It is further submitted that although the incident allegedly took place within the court premises, there are no independent witnesses. No information was given to the Presiding Officer of the Court or the District Judge regarding the incident. The injuries sustained by the informant are simple in nature and appear to be self- inflicted. Except general allegations, no specific role has been assigned to the applicant, who has been falsely implicated. It is further submitted that co-accused Pankaj Kaushal @ Pankaj Kumar Kaushal, who is alleged to have played a similar role, has already been granted anticipatory bail vide order dated 20.06.2025 in Criminal Misc. Anticipatory Bail Application u/s 482 BNSS No. 656 of 2025. Learned counsel further submits that the applicant is not a convict, and is willing to cooperate with the investigation. Learned A.G.A. has opposed the bail application, submitting that the investigation is still going on. Considering the anticipatory bail granted to the co-accused, the nature of injuries sustained by the informant, the fact that no report was made to the Presiding Officer or the District Judge despite the incident allegedly taking place within court premises, the applicant’s explanation of his single criminal antecedent, and his undertaking to cooperate with the investigation, this Court, in light of the judgment in Sushila Aggarwal & Others v. State (NCT of Delhi) & Another, (2020) 5 SCC 1, finds it appropriate to grant anticipatory bail to the applicant. In view of the above, it is provided that in the event of arrest, the applicant 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 seven days from the date of receipt of certified copy of the order. he shall cooperate in the investigation and 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. The anticipatory bail application is allowed. It is clarified that the observations made in this order are confined to the present anticipatory bail application and shall have no bearing on the merits of the trial. Order Date :- 15.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench