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2025 DAILYLAW 157719 (ALL)

VIJAY BAHADUR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

NABAIL/1027/2025 · 2025-08-14

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:47688 Court No. - 12 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1027 of 2025 Applicant :- Vijay Bahadur Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Applicant :- Shourya Parmar,Avinash Dhar Dwivedi Counsel for Opposite Party :- G.A.,Sandeep Kumar Pandey,Shitla Prasad Tiwari Hon'ble Karunesh Singh Pawar,J. The present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No. 66/2025 U/S-105, 110, 117 (2) of BNS 2023, Police Station-Umribegumganj, District- Gonda. Heard learned counsel for the applicant and learned A.G.A. for the State as well as Shri Sandeep Kumar Pandey, learned Advocate who has filed vakalatnama on behalf of the complainant which is taken on record. Learned counsel for the applicant submits that the applicant has been falsely implicated in the present case. It is urged that no specific act or overt role has been assigned to the applicant, and only a general allegation has been levelled against him. Except the deceased, all other injured persons have suffered only simple injuries. It is, therefore, argued that the present prosecution is a case of false implication, and on this ground, the applicant is entitled to the benefit of anticipatory bail. On the other hand, learned A.G.A. and learned counsel appearing for the complainant have vehemently opposed the bail application. They submit that the deceased lost his life due to a serious head injury sustained in the incident. It is further urged that apart from the deceased, seven other persons were injured, and all of them in their statements have supported the prosecution version. Hence, it cannot be said that this is a case of false implication. Perused the record. A perusal of the record shows that in the prosecution case, allegations have been levelled against four accused persons, including the present applicant, for brutally assaulting eight individuals, one of whom subsequently succumbed to injuries. It is also evident from the record that cross First Information Reports (FIRs) have been lodged by both sides, which shows that the incident itself is admitted. The postmortem report of the deceased clearly indicates that death occurred on account of antemortem head injuries. Apart from the deceased, seven other persons have sustained injuries in the said occurrence. In light of the aforesaid facts and circumstances, it does not appear to be a case of false implication, as argued by the applicant. Accordingly, the anticipatory bail application of the applicant is dismissed. Order Date :- 14.8.2025 R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench