Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 153417 (ALL)

SARIF AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

ABAIL/816/2025 · 2025-07-25

Karunesh Singh Pawar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:43068 Court No. - 14 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 816 of 2025 Applicant :- Sarif And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sumit Chauhan,Vishwendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel the applicants and learned A.G.A. for the State. In view of the order proposed to be passed, issuance of notice to the opposite party no. 2 is dispensed with. The present application under Section 438 Cr.P.C./482 B.N.S.S. has been filed by the applicants- Sarif and Anwaar @ Rais Ahmad seeking anticipatory bail in FIR/Case Crime No. 158 of 2023, under Sections 147,148,323,504,354 IPC, P.S. Dargahsharif, District Bahraich. Learned counsel for the applicants submits that the applicants are innocent and they have been falsely implicated in the present case. They are not named in the FIR. They have not committed any offence. Per contra, learned A.G.A. has opposed the anticipatory bail application and submitted that there are three victims, out of which two are minor and one is deaf and dumb. There are two injured in this case. The independent witness Aniket has alleged the complicity of the applicants. Thus, it is not a case of false implication. Perused the record. A perusal of the record shows that there are three victims. Amongst those, two are minor and one is deaf and dumb. There are two injured in this case. The eye-witnesses have supported the prosecution case and have named the applicant in their statements. The independent witness Aniket has alleged the complicity of the applicants. Thus, the complicity of the applicants is evident. Hence, it cannot be said that he has been falsely implicated in the case. In view of the above, no ground for grant of anticipatory bail is made out. Accordingly, the anticipatory bail application is rejected. However, liberty is granted to the applicants to appear/surrender before the learned trial court within ten days from the date of receipt of certified copy of this order and in case, they file a regular bail application, the same be decided expeditiously in view of the law laid down in Satender Kumar Antil versus Central Bureau of Investigation and another (2022)10 SCC 51. Order Date :- 25.7.2025 Shravan Digitally signed by :- SHRAVAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench