AJEET KUMAR JAISWAL @ AJEET KUMAR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
ABAIL/1112/2025 · 2025-09-26
Subhash Vidyarthi
body2025
DailyLaw.ai
[ 2025 DAILYLAW 168342 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 168342 (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. - 1112 of 2025 Court No. - 13 HON'BLE SUBHASH VIDYARTHI, J.
1. Heard Sri Puttu Lal Misra, the learned counsel for the applicant, Sri Mayank Sinha, learned A.G.A-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. 70 of 2022, under Sections 147, 148, 323, 504, 506, 427, 352, 308 I.P.C., registered at Police Station Sangipur, District Pratapgarh. 3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 06.03.2022 against seven persons, including the applicant and two unknown persons, stating that because of an old animosity between the parties, all the accused persons, armed with weapons, fire arms, sticks and sharp edge weapons, attacked the informant at about 6:00 pm on 05.03.2022 and when the informant's parents tried to intervene, they were also beaten up, the nose ring of the informant's mother was snatched away because of which the informant's nose got cut. Although, the medico-legal examination report of the injured person mentions several injuries, there is no such injury on her nose which may support this allegation levelled in the F.I.R.
4. In the affidavit filed in support of the anticipatory bail application it has been contended that the applicant is innocent and he has falsely been Versus Counsel for Applicant(s) : Puttu Lal Misra Counsel for Opposite Party(s) : G.A. Ajeet Kumar Jaiswal @ Ajeet Kumar .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
implicated in the present case. The applicant's involvement in four other criminal cases has been disclosed in para 10 of the affidavit, in two of which, he has been released on bail and in one case the Investigating Officer has submitted a closure report. 5. The learned counsel for the applicant has submitted that a co-accused person, Ankit alias Ankit Kumar Jaiswal has been granted anticipatory bail by means of an order dated 24.08.2023 passed by this Court in Criminal Misc. Anticipatory Bail Application No. 1876 of 2023. 6. The learned A.G.A. has opposed the anticipatory bail application and he has submitted that the allegations have been established during investigation and the charge-sheet has been submitted on 28.12.2022. 7.
Having considered the aforesaid facts and circumstances of the case and keeping in view the fact that a co-accused person has been granted anticipatory bail whereas the investigation stands concluded, I am of the view that the aforesaid facts are sufficient for making out a case for granting anticipatory bail to the applicant. 8. In view of the above, the anticipatory bail application of the applicant is allowed. In the event of arrest/ appearance of applicant- Ajeet Kumar Jaiswal @ Ajeet Kumar before the learned Trial Court in the aforesaid case crime, he shall be released on bail on furnishing a personal bond and two solvent sureties, each in the like amount, to the satisfaction of 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. ABAIL No. 1112 of 2025 2
(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 26, 2025 V. Sinha ABAIL No. 1112 of 2025 3 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench