SAURABH @ SAURABH KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO.
ABAIL/1058/2025 · 2025-09-19
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 165616 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 165616 (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 438 CR.P.C. No. - 1058 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Adarsh Kumar Maurya, the learned counsel for the applicant as well as Sri Virendra Kumar, the learned Additional Government Advocate-I 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.0030 of 2024, under Sections 452, 307, 323, 504, 506 I.P.C., registered at Police Station Kotwali, District Sitapur. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 02.02.2024 against three named accused persons, including the applicant and six unnamed persons stating that because of an old animosity the accused persons entered the informant's house and assaulted his Versus Counsel for Applicant(s) : Adarsh Kumar Maurya Counsel for Opposite Party(s): Saurabh @ Saurabh Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. .....Opposite Party(s)
family members. Two persons have received injuries in the incident and the doctor has stated that the injuries were serious in nature. 4. In the affidavit filed in support of the anticipatory bail-application it has been contended that the applicant is a young man aged 20 years, he is innocent, he has no criminal history and he has falsely been implicated in the present case. It has also been submitted on behalf of the applicant that both the other named co-accused persons Harivansh Kumar and Updesh have already been granted anticipatory bail by a coordinate Bench of this court by means of an order dated 09.04.2024, passed in Criminal Misc. Anticipatory Bail Application No.597 of 2024. 5. The learned A.G.A. has opposed the prayer for bail and he has submitted that the allegations have been established during investigation and a charge sheet has been submitted on 04.04.2024. 6.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that both the other named co-accused persons against whom similar allegations have been made have already been granted anticipatory bail by this court coupled with the fact that the applicant is a young man having no criminal history 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-Saurabh @ Saurabh Kumar before the learned Trial Court in the aforesaid case crime, he shall be released on bail on his furnishing personal bond and two solvent ABAIL No. 1058 of 2025 2
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 19, 2025 Ram. ABAIL No. 1058 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench