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2025 DAILYLAW 162137 (ALL)

IKRAM v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/1157/2025 · 2025-09-08

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1157 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Sri Faraz Ahmad, learned counsel for the applicant, Sri Mayank Sinha, learned A.G.A. appearing on behalf of the State and perused the record. 2. The instant application has been filed by the applicant seeking anticipatory bail in F.I.R. bearing Case Crime No. 0380 of 2024, under Sections 191(2), 191(3), 324(4), 324(4), 326(g), 109, 309(4), 61(2) B.N.S., registered at Police Station Hardi, District Bahraich. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 21.10.2024 against 15 unknown persons, stating that the accused persons had caused damage in the informant's Jan Sewa Kendra at about 05:30 PM on 13.10.2024, they robbed Rs. 90,000/- from the shop and tried to snatch away the informant's motorcycle. When the informant resisted them, they assaulted him with sticks and stones and set his motorcycle ablaze. The informant stated that he got discharged from Medical College, Lucknow on 19.10.2024 and thereafter, he lodged the F.I.R. 4. In the affidavit filed in support of the anticipatory bail application, it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history. Versus Counsel for Applicant(s) : Mohammad Shahzad Ahmad, Faraz Ahmad, Mohammad Taif, Shamshad Ahmad, Taiba Fatima Counsel for Opposite Party(s) : G.A. Ikram .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) 5. The learned A.G.A. has opposed the anticipatory bail application on the basis of instructions provided to him and he has submitted that the applicant's name has surfaced in the statements of some eye-witnesses of the incident. In response to a query put by the Court, the learned A.G.A informed that the applicant was admitted to hospital on 14.10.2024. 6. Having considered the aforesaid facts and circumstances of the case, I am of the view that this fact do not warrant discretion of this Court by granting pre arrest bail to the applicant. 7. Accordingly, the instant application stands 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, keeping in view the law laid down by the Hon'ble Supreme Court in Satendra Kumar Antil Vs. Central Bureau of Investigation and another: (2022) 10 SCC 51. September 8, 2025 Preeti. NABAIL No. 1157 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench