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2025 DAILYLAW 151833 (ALL)

RAHAMAT JAHAN @ RAHAMAT JANH AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO.

NABAIL/876/2025 · 2025-07-17

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40970 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 876 of 2025 Applicant :- Rahamat Jahan @ Rahamat Janh And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. Counsel for Applicant :- Bhanu Pratap Singh,Naved Alam,Prateek Mishra 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.0192 of 2025 under sections 109, 115(2), 118(1), 191(2), 352, 351(3), 333 BNS Act, 2023, P.S. Motipur, District Bahraich. 2.Heard learned counsel for the applicants and learned Additional Government Advocate for the State. 3.It is alleged in the prosecution case that initially, the wife of the complainant has lodged first information report No.115 of 2024 under sections 115(2), 352, 351(1), 151(2), 333 BNS against the accused persons. They were pressuring the complainant and his wife to enter into compromise which was declined by the complainant. Therefore, on 11.12.2024 at about 9.00p.m., they came armed with lathi and danda. The co- accused Sarita who was having an iron rod in her hand has attacked the complainant which resulted in fracture in his right hand. 4.Learned counsel for the applicant submits that the applicants have been falsely implicated. No offence, as alleged, has been committed by the applicants. The present first information report is a counter blast to the earlier first information report lodged by Sarita, co-accused against the complainant and his brother, being case crime No.625 of 2024 under sections 191(2), 115(2), 118(1), 125, 352, 351(3), 33 BNS, 3(1)Da, 3(2) (Va) of SC/St Act. The first information report has been lodged after a delay of several months via application under section 156(3) CrPC. The injured has received injury on non-vital part. The allegation of causing that injury is on Sarita who has been granted interim protection by a Division Bench of this court vide order dated 5.6.2025 passed in Crl. Misc. W.P. No.4822 of 2025. Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. He has explained criminal history in the bail application. 5. Learned Addl. Government Advocate has opposed the prayer made by applicant's counsel. 6.Considering the above aspects of the matter, the fact that the first information report has been lodged via application under section 156(3) CrPC on 27.3.2025 whereas the offence is of 11.12.2024, specific role of causing injury to the injured is on co-accused Sarita and not on the applicant, the order dated 5.6.2025 passed by the Division Bench, as noted above, charge sheet has been filed, perusal of the record, and without entering into the merit of the case, it would be appropriate to grant protection to the applicants. 7. In view of the above, it is provided that the applicants 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 applicants shall be released on anticipatory bail on their each furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicants shall cooperate in the trial and they will not influence the witnesses.The applicants 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. 8. In case of default, it would be open for the trial court to proceed in accordance with law. 9. The application is allowed accordingly. Order Date :- 17.7.2025 kkb/ Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench