DANISH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO AND ANOTHER
/840/2025 · 2025-08-04
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 154355 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 154355 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:45053 Court No. - 13 Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 840 of 2025 Applicant :- Danish Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And Another Counsel for Applicant :- Mohd. Salman,Ana Fatma Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Mohd. Salman, learned counsel for the applicant as well as Sri Satyendra Srivastava, learned A.G.A. appearing on behalf of the State and perused the records. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.0099 of 2023, under Sections 147, 148, 149, 323, 504, 506, 307 I.P.C, registered at Police Station Kandhai, District Pratapgarh. 3.The aforesaid case has been registered on the basis of an F.I.R. lodged on 03.04.2023 against seven persons, including the applicant, stating that all the accused persons had attacked the informant's son at about 9 PM on 02.04.2023 and they have assaulted him with sticks, Chapad and iron bar etc. Co-accused Shebu fired a shot with a country made pistol, but it missed the informant's son. 4. The injury report of the informant's son mentions a lacerated wound of 02.5cm X 0.5cm over right side of head, an abrasion of 7cm X 4cm over right upper back, a lacerated wound of size 1cm X 0.5cm over left back of head and an abrasion of size 04cm X 2cm over right wrist joint. All the injuries are simple in nature. 5. Initially, the applicant had filed a Criminal Misc. Writ Petition No. 2764 of 2023 and his arrest was stayed by means of an order dated 12.04.2023. After investigation, the Investigating Officer has submitted a chargesheet on
25.04.2023. 6. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and she has no criminal history. 7. The learned counsel for the applicant has submitted that a co- accused person, Mahtab has been granted interim anticipatory
bail by means of orders dated 031.07.2025 passed by the Co- ordinate Bench of this Court in Criminal Misc. Anticipatory Bail Application U/S 438 Cr.P.C. No. 634 of 2025. 8. The learned A.G.A. has opposed the prayer for bail but he could not dispute the aforesaid aspects of the matter. 9.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that all the seven persons are said to have assaulted the victim, the victim has suffered only four injuries, which are simple in nature; no specific role has been assigned to the applicant and a similar situate co- accused person has already been granted interim bail, I am of the view that the applicant is also entitled to be granted interim anticipatory bail. 10. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Danish before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court: (i). that the applicant shall make themselves available for interrogation by a police officer as and when required; (ii) that 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 him from disclosing such
facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v). that the applicant shall not pressurize/ intimidate the prosecution witness. . (Subhash Vidyarthi, J.)
Order Date :- 4.8.2025/Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench