DIPAK v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/878/2025 · 2025-07-18
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 151947 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 151947 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:41275 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 878 of 2025 Applicant :- Dipak Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Vikas Sharma,Ajay Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J.
1. Heard learned counsel for applicant, learned A.G.A. for the State and perused the record. 2. First application for anticipatory bail has been filed under Section 438 Cr.P.C./ 482 BNSS with regard to Case Crime No.53 of 2025 under Sections 109(1), 191(2), 326(g), 326(f), 125, 324(4), 324(5), 115(2), 118(1) BNS, P.S. Phool Behar, District Kheri. 3. As per contents of FIR, the incident is said to have taken place on 04.02.2025 at about 8:30 P.M. when the applicant alongwith co-accused persons are said to have barged into the house of the informant and inflicted injuries upon his minor son. 4. It is submitted that the applicant has been falsely implicated in the charges levelled against him which could be evident from the fact that the entire gist of allegation for causing injuries has been attributed to co-accused- Dataram without any specific role has been attributed to the applicant. It is submitted that the injury report also indicates only simple nature of injuries suffered by the minor son of the informant/ complainant. It is also submitted that the investigation against the applicant is still on going and he does not have any previous criminal history. 5. Learned A.G.A. has opposed the anticipatory bail application and admits that the investigation against the applicant is still on going and he does not have any previous criminal history. 6. Upon consideration of submissions advanced by learned counsel for the parties and perusal of material on record, it appears that the entire gist of allegation for causing injuries has been attributed to co-accused- Dataram without any specific role has been attributed to the applicant against whom the
investigation is still on going. 7. Thus, having regard to the law laid down by Hon'ble the Supreme Court in Nathu Singh v. State of U.P. and Others, 2021(6) SCC 64, MANU/SC/0360/2021, protection from arrest for limited period of time i.e. till submission of police report under Section 173(2) Cr.P.C., may be granted in favour of the applicant. 8.
In result, the anticipatory bail application moved by the applicant- Dipak is finally disposed of with a direction that till the submission of police report under Section 173 (2) Cr.P.C., in the event of arrest of applicant in the above-mentioned case, he shall be released forthwith on anticipatory bail on his furnishing a personal bond of Rs. 50,000/- and two sureties each in the like amount to the satisfaction of the Station House Officer of the Police Station concerned/ Investigating Officer subject to the following conditions:- (1) The applicant shall make himself available for interrogation or even for discovery of any fact by a police officer as and when required; (2) The applicant shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the
facts of the case so as to dissuade them from disclosing such
facts to the Court or to any police officer; (3) The applicant shall not leave the country without the previous permission of the Court.
9. In case of default of any condition the investigating officer may approach this Court for cancellation/modification of this
order.
Order Date :- 18.7.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench