Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 151821 (ALL)

KAMAL BAHADUR SINGH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/879/2025 · 2025-07-24

Rajesh Singh Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:42587 Court No. - 11 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 879 of 2025 Applicant :- Kamal Bahadur Singh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Rajesh Kumar Singh,Vijayendra Prakash Tripathi Counsel for Opposite Party :- G.A. Hon'ble Rajesh Singh Chauhan,J. 1. Heard Sri Vijayendra Prakash Tripathi, learned counsel for the applicants and Sri Ashok Kumar Singh, learned AGA for the State. 2. Sri Aviral Srivastava, Advocate has filed his vakalatnama on behalf of the informant/complainant and the same is taken on record. 3. As per the learned counsel for the applicant the present applicants are apprehending their arrest in Case Crime No. 99 of 2025, under Sections 352, 351(3), 103(1) of BNS at Police Station Kaudiya, District Gonda. 4. Learned counsel for the applicants has stated that the present applicants have been falsely implicated as they have not committed any offence as alleged. 5. He has further submitted that on account of some old civil dispute and rivalry between the family members, the present applicants who are the real brothers have been implicated. 6. Per contra, Sri Ashok Kumar Singh learned AGA has submitted that the deceased before his death has apprised his father/complainant about the incident that the present applicants and others had not only beaten him but forcefully provided some poisonous contents to him. One other independent witness has also stated the same thing as he was taking the victim (since deceased) to the hospital and in the transit, the victim (since deceased) narrated the same story which has been narrated by him to his father. Sri Ashok Kumar Singh has also stated that both accused persons are having criminal history of one case. Therefore, instead of filing anticipatory bail application, the present applicants should file regular bail application as this is not a case of false implication. 7. I find substance on the objection raised by the learned AGA that the facts of the present case do not convince the Court to grant anticipatory bail, however, the present applicants may file their regular bail application within a period of two weeks from today and if regular bail application is filed by them, the same may be heard and disposed off with expedition without giving any unnecessary adjustment to any of the parties. 8. Accordingly, the present anticipatory bail application is rejected in view of the aforesaid terms. Order Date :- 24.7.2025 Anurag Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench