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2025 DAILYLAW 152065 (ALL)

SHARIF @ PRACHHATI v. State of U.P. THRU PRINCIPAL SEC. HOME AND ANOTHER

ABAIL/789/2025 · 2025-07-17

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:40709 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 789 of 2025 Applicant :- Sharif @ Prachhati Opposite Party :- State Of U.P. Thru Principal Sec. Home And Another Counsel for Applicant :- Ramendra Kumar,Subodh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in case crime/FIR No. Case Crime No. 152 of 2025, U/S-109(1),115(2),352,126(2) BNS, P.S.- Shardanagar, District-Lakhimpur Kheri. Heard learned counsel for the applicant and learned A.G.A. for the State. A perusal of the record shows that the applicants, along with the co-accused, are alleged to have caused injuries to the victims. There are three injured persons, Asif, who sustained two injuries; Shahdab, who sustained three injuries; and Alimunisha, who also sustained three injuries. All the accused are said to have inflicted injuries on the injured persons. The applicants have been specifically assigned the role of assaulting the injured persons with lathi and danda. The submission made by learned counsel for the applicants that the specific allegation of causing a head injury to Asif is attributed to co-accused Atiq Ahmad and, therefore, the applicants deserve to be granted anticipatory bail is misconceived. The alleged offence is punishable with life imprisonment, and the investigation is still in progress. Custodial interrogation of the applicants appears to be warranted. In view of the seriousness of the offence, the statements of the injured prosecution witnesses, and the nature of injuries sustained, I do not find it a fit case for grant of anticipatory bail. Accordingly, the anticipatory bail application of the applicant is rejected. Order Date :- 17.7.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench