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2025 DAILYLAW 154926 (ALL)

MOHD. MERAJ ALAM v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

/972/2025 · 2025-08-05

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:45381 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 972 of 2025 Applicant :- Mohd. Meraj Alam Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Ashutosh Singh,Aviral Chandra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashutosh Singh, the learned counsel for the applicant as well as Sri Ashok Srivastava, the learned Additional Government Advocate 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.143 of 2025, under Sections 221, 121(1), 121(2), 191(2), 191(3), 132, 110 B.N.S. and Section 7 of Criminal Law Amendment Act, registered at Police Station Dostpur, District Sultanpur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on by a Head Constable of Police on 11.06.2025 at 05.58 Hrs. against 11 named accused persons including the applicant and 10-12 unknown persons stating that when the police team had gone to arrest some accused persons regarding Case Crime No.142 of 2025, under Sections 409, 110, 352, 351(3) B.N.S. the accused persons attacked the police party with bricks and sticks due to which the informant suffered deep injury on his head. Another Constable also suffered injuries. 4. The learned counsel for the applicant has submitted that 7 co- accused persons have been granted bail in the present case by means of an order dated 04.07.2024, passed by learned Additional Sessions Judge, Court No.1, Sultanpur. 5. The learned A.G.A. has opposed the prayer for bail and submitted that the offence is henious in nature and the applicant is not entitled to be granted pre-arrest bail. 6. Having gone through the nature of allegations levelled in the F.I.R. I am of the view that the aforesaid allegations do not warrant exercise of discretion of this court by granting pre- arrest bail to the applicant. 7. Accordingly, the anticipatory bail application is rejected. In case the applicant appears before the trial court and files an application for his release on bail, his bail application shall be considered and decided expeditiously in accordance with law without being influenced by rejection of this application and keeping in view the principles contained in the judgment of Hon'ble the Supreme Court in the case of Satender Kumar Antil v. C.B.I., (2022) 10 SCC 51. . (Subhash Vidyarthi, J.) Order Date :- 5.8.2025 Ram. Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench