MOHD. AMIR AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND 4 OTHERS
NABAIL/1254/2025 · 2025-09-17
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163597 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163597 (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. - 1254 of 2025 Court No. - 12 HON'BLE KARUNESH SINGH PAWAR, J.
1. Heard learned counsel for the applicants, learned counsel for the complainant as well as learned A.G.A. for the State. 2. The present anticipatory bail application has been filed by accused- applicants seeking anticipatory bail in Case Crime No.409 of 2024, under Sections 352, 115(2), 351(3), 75, 76 of BNS and Sections 7/8 of POCSO Act, P.S. Thakurganj, District Lucknow. 3. Learned counsel for the complainant as well as learned A.G.A. have raised preliminary objection regarding the maintainability of this anticipatory bail application. It is submitted that there is no exception in favour of the applicants accused so as to entertain anticipatory bail application which has been filed directly before this Court and not before the learned court below. In support of their contentions, they have relied on judgment passed in Mohammed Rasal.C & Anr. vs. State of Kerala & Anr. ; Special Leave to Appeal (Crl.) No.6588/2025. 4. Upon a query being made learned counsel for the applicants submits that learned special court is not entertaining the anticipatory bail application and, therefore, he has filed the same before this Court. Versus Counsel for Applicant(s) : Shakti Kumar Sharma, Deepali Yadav, Neha Chaurasia Counsel for Opposite Party(s) : G.A., Akil Imam, Mahmood Alam, Mayank Dwivedi, Shifali Rajput, Syed Saad Anwar Mohd. Amir And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And 4 Others .....Opposite Party(s)
5. Perused the record. 6. Perusal of the record shows that the submission of learned counsel for the applicants appears to be without any basis, there is no material filed by him to show that anticipatory bail applications are not being entertained by the learned special court. 7. In view of aforesaid discussions so also considering the judgment passed by Full Bench of this Court in Ankit Bharti v. State of U.P. reported in [2020 SCC OnLine All 1949] and judgment passed by Hon'ble Supreme Court in Mohammed Rasal.C (supra), the anticipatory bail application is dismissed. 8. However, the applicants-Mohd. Amir and Mohd. Arshad are at liberty to move appropriate anticipatory bail application(s) before the learned special court within a week from today. 9.
In case such application is filed, the same shall be decided on merits by the learned special court and the application for interim anticipatory bail shall be decided promptly. September 17, 2025 Saurabh Yadav/- NABAIL No. 1254 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench