HARSH TIWARI v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/52/2024 · 2025-03-24
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 161656 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 161656 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:16768 Court No. - 15 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 52 of 2024 Applicant :- Harsh Tiwari Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Kaushal Kishore Tewari,Shivakant Tewari Counsel for Opposite Party :- G.A.,Aviral Raj Singh Hon'ble Subhash Vidyarthi,J.
1. Heard Shri Kaushal Kishore Tewari, learned counsel for the applicant, Shri Alok Kumar Tiwari, learned A.G.A. for the State and perused the records.
2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No.107 of 2024, under Sections 124(1), 78(1)(i) B.N.S. registered at Police Station- Chowk, District- Lucknow.
3. On 25.09.2024, after hearing learned counsel for the applicant and learned A.G.A. for the State, this court while granting interim anticipatory bail to the applicant had passed the following order:
"Supplementary affidavit filed by learned counsel for the applicant is taken on record. Learned AGA prays for and is granted three days time to seek instructions as to how the applicant has sustained injuries in the incident. Put up on 30.09.2024.
Learned counsel for the applicant, while drawing attention of the Court towards the medical condition of the applicant, has submitted that the applicant is the cousin brother of the victim and the injuries sustained by the applicant which are grievous in nature have not been explained by the prosecution while lodging FIR. He further submits that he is also victim of acid attack done by the accused. He has also received burn injuries and considering this aspect, interim anticipatory bail was granted to the applicant by the learned Sessions Judge, Lucknow. On due consideration to the submission made by the
learned counsel for the applicant as well as considering the
injuries received by the applicant, the interim anticipatory bail granted by the Sessions Judge, Lucknow is extended till the next date of listing."
4. The State has filed a counter affidavit annexing therewith copies of material collected during investigation and a copy of the charge-sheet submitted on 21.10.2024.
5. Learned counsel for the applicant has filed rejoinder affidavit, which is taken on record.
6. Learned A.G.A. did not point out any violation of the conditions of interim anticipatory bail committed by the applicant. Nothing new has come to light which may persuade this court to take a view, other than the view taken at the time of granting interim anticipatory bail to the applicant.
7. In view of above, the interim anticipatory bail granted by the Sessions Judge, Lucknow is hereby made absolute and the anticipatory bail application is allowed. . [Subhash Vidyarthi, J.]
Order Date :- 24.3.2025 -Amit K- Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench