OM SINGH THRU. HIS COUSIN BROTHER CHETAN SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER
NABAIL/1281/2025 · 2025-09-17
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 164367 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 164367 (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. - 1281 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Manoj Kumar Mishra, the learned counsel for the applicant as well as Sri S.P. Singh, the learned counsel appearing on behalf of 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.390 of 2025, under Sections 191(2), 191(3), 140(1), 127(2) B.N.S. registered at Police Station Kotwali, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 16.08.2025 at about 21.20 Hrs. against six persons including the applicant stating that all the accused persons forcibly made the complainant sit on a motorcycle, locked him inside a room and beat him up with belts and sticks. They put a noose around his neck and tried to kill him. When the complainant fell unconscious the accused persons went away. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is a young boy aged 16 years, he is a student of Class-XII, he is innocent, he has no criminal history and he has falsely been implicated in the present case. 5. The learned counsel for the State has opposed the prayer for bail and he has produced the relevant extracts of case diary which contains narration regarding injury report which mentions that the complainant had suffered injury on the back of his shoulder, he complained of pain in his head, neck and back. The injuries were simple in nature. He has also submitted that the investigation of the case is still going on. 6. Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that the incident took place in the morning of 15.08.2025, whereas the F.I.R. has been lodged in the night of 16.08.2025 Versus Counsel for Applicant(s) : Manoj Kumar Mishra, Alok Kumar Singh Counsel for Opposite Party(s): G.A. Om Singh Thru. His Cousin Brother Chetan Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko.
And Another .....Opposite Party(s)
and there is no explanation for the delay; the injuries suffered in the incident are simple in nature; that the applicant is a young boy aged 16 years having no criminal history and there is no allegation against him in the F.I.R. and without making any observations which may affect the outcome of the case, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 7. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant-Om Singh before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his 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 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. September 17, 2025 Ram. NABAIL No. 1281 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench