SACHIN KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/1080/2025 · 2025-08-25
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 159262 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 159262 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1080 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Shri Adarsh Kumar Maurya, learned counsel appearing on behalf of the applicant as well as Shri S.P. Singh, learned State counsel. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R./Case Crime No.54 of 2025, under Sections 191(2), 326(G), 326(F), 125, 324(4), 115(2), 351(2), 352 of BNS, registered at Police Station- Phool Behad, District- Lakhimpur Kheri. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 05.02.2025 against 7 persons, including the applicant, stating that all the accused persons had attacked the informant's house and they set house of informant's brother Data Ram ablazed. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is an innocent young man aged about 22 years, having no criminal history and he has been falsely been implicated in the present case. 5. Two co-accused persons namely Bablu Kumar and Duyredhan Lal have already been granted anticipatory bail in the present case and copies of their anticipatory bail orders have been annexed as annexure 6 to the anticipatory bail application. 6. The learned A.G.A. has opposed the prayer for bail and he has submitted Versus Counsel for Applicant(s) : Adarsh Kumar Maurya, Alka Rani, Ambrish Kumar, Ram Singh, Rupali Srivastava Counsel for Opposite Party(s) : G.A. Sachin Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
that the investigation of the case is still pending. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that it is recorded in the anticipatory bail orders granted to two co-accused persons that no person from the side of the informant had received any injury in the incident; that an FIR of the incident had been lodged from the applicant's side prior to the lodging of the present FIR and that the one person from the applicant's side had received injury in the incident; that the allegations levelled against all the accused persons are similar in nature and two co-accused persons have already been granted anticipatory bail and the applicant has no criminal history, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicants is allowed. In the event of arrest/ appearance of applicant before the learned Trial Court in the aforesaid case crime, they shall be released on anticipatory bail on their furnishing personal bond and two solvent sureties, each in the like amount, to the satisfaction of S.H.O./Court concerned on the following conditions and subject to any other conditions that may be fixed by the Trial Court : (i) that the applicant shall make himself/herself available for interrogation by a police officer as and when required; (ii) that the applicant shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to any police officer or tamper with the evidence; (iii) that the applicant shall not leave India without the previous permission of the court. (iv) that the applicant shall appear before the trial court on each date fixed, unless personal presence is exempted; and (v) that the applicant shall not pressurize/ intimidate the prosecution witness.
August 25, 2025 S. Shivhare NABAIL No. 1080 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- SHASHANK SHIVHARE High Court of Judicature at Allahabad, Lucknow Bench