CHANDAN JAISWAL v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
/985/2025 · 2025-08-05
body2025
DailyLaw.ai
[ 2025 DAILYLAW 156044 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 156044 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:45619 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 985 of 2025 Applicant :- Chandan Jaiswal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Durgesh Mishra,Abhishek Shukla,Manvendra Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J.
1. Heard Sri Abhishek Shukla, the learned counsel for the applicant as well as Sri Shikher Srivastava, the learned A.G.A. for the State and perused the record.
2. The instant application has been filed by the applicant seeking anticipatory bail in Case Crime No. 185 of 2025, under Sections 115(2), 352, 351(3), 324(5), 109(1) B.N.S, registered at Police Station Aaspur Devsara, District Pratapgarh.
3. The aforesaid case has been registered on the basis of F.I.R. lodged on 27.06.2025 against four persons including the applicant, stating that all the accused persons had beaten up the informant's son at about 7 PM on 26.06.2025 and thereafter they had beaten up the informant, his wife and other sons also and they damaged the motorcycle of the informant.
4. Four persons were examined medically. Three persons had received simple injuries but one of them was referred from Raj Pratap Bahadur Hospital to Swaroop Rani Nehru Hospital, Prayagraj for neurological opinion for further evaluation. The supplementary medico legal examination reports have not been annexed with the anticipatory bail application. The injured persons and other witnesses have stated about involvement of the applicant in commission of the offence.
5. In the affidavit filed in support of the bail application, it has been stated that the applicant is an innocent person, he has been falsely implicated in the present case and he has no criminal history.
6. The learned A.G.A has opposed the bail application
and he has submitted that on the basis of written instruction provided to him wherein it is recorded that two persons have suffered fractures in the incident and investigation of the case is still going on.
7. Having considered the aforesaid facts and circumstances of the case, I am of the view that the aforesaid facts do not warrant discretion of this court by granting pre arrest bail to the applicant.
8. Accordingly, this anticipatory bail application stands rejected. . (Subhash Vidyarthi,J.) Order Date :- 5.8.2025 Preeti. Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench