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2025 DAILYLAW 158191 (ALL)

AYYAJ KHAN @ GULLE v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.

NABAIL/1039/2025 · 2025-08-18

Subhash Vidyarthi

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:48233 Court No. - 13 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1039 of 2025 Applicant :- Ayyaj Khan @ Gulle Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. Counsel for Applicant :- Ashish Kumar Singh,Dileep Singh,Sameer Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Vidyarthi,J. 1. Heard Sri Ashish Kumar Singh, the learned counsel appearing on behalf of the applicant as well as Sri Satyendra Srivastava, the learned A.G.A. appearing on behalf of the State. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.636 of 2024 under Sections 191(2), 333, 115(2), 110, 352, 351(3) of B.N.S. registered at Police Station- Kotwali Nagar, District- Gonda. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 30.08.2024 against six persons, including the applicant, stating that all the accused persons entered the informant's house and assaulted her daughter and other family members. Four persons have received injuries in the incident. 4. Learned counsel for the applicant has submitted that a co- accused persons Seema has been granted anticipatory bail by means of an order dated 21.07.2025 passed by a Co-ordinate Bench of this Court in Crl. Misc. Anticipatory Bail Application u/S 482 BNSS No.886 of 2025. 5. Learned AGA has opposed the bail application and he has submitted that four persons have received injuries in the incident. Co-accused Seema has been granted bail considering that she is an unmarried girl having no criminal history and this consideration does not weigh with the applicant who is a man aged 39 years. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that four persons have received injuries in the incident, this case does not warrant exercise of discretion of this Court by granting pre-arrest bail to the applicant. 7. The anticipatory bail application is hereby rejected. 8. In case the applicant appears before the trial Court and seeks his release on bail, his bail application shall be considered and decided expeditiously, in accordance with law, without being influenced by this order. . (Subhash Vidyarthi, J.) Order Date :- 18.8.2025/-Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench