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2025 DAILYLAW 155098 (ALL)

VINOD KUMAR ALIAS BEENU ALIAS BEENU RATHOR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

NABAIL/965/2025 · 2025-08-01

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:44728 Court No. - 14 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 965 of 2025 Applicant :- Vinod Kumar Alias Beenu Alias Beenu Rathor Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Sachida Nand Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the applicant and learned A.G.A. for the State as well as perused the record. The present anticipatory bail application has been filed by accused-applicant seeking anticipatory bail in Case Crime No.395 of 2024, under Sections 115(2), 351(3), 352, 110 of BNS, P.S. Pasgawan, District Lakhimpur Kheri. Learned counsel for the applicant submits that applicant is innocent and has falsely been implicated in this case due to local enmity and the complainant is not the eye witness. The alleged injured and other prosecution witnesses have given false and concocted statement against the applicant. He submits that alleged victim is a habitual drinker and he met with an accident from a motor-cycle while he was returning to his home after drinking wine from the shop situated in village Sukhawasa. Learned A.G.A. has opposed the bail prayer and submits that injured Naresh Singh has sustained six injuries according to CT scan report, the injuries are grievous in nature. Other prosecution witnesses have supported the prosecution case. There are two assailants as per the statement given by the injured. Perused the record. On due consideration to the submissions advanced, perusal of the record as also the fact that injured has received six injuries which are grievous in nature, other prosecution witnesses have supported the prosecution case, there are two assailants as per the statement given by the injured hence, there appears to be no case of false implication, complicity of the applicant is evident, no case for anticipatory bail is made out. The anticipatory bail application is accordingly dismissed. Order Date :- 1.8.2025 Saurabh Yadav/- Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench