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2025 DAILYLAW 16898 (ALL)

NIRANJAN KUSHWAHA v. STATE OF U.P. AND ANOTHER

NABAIL/1125/2025 · 2025-03-16

Vivek Varma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37270 Court No. - 69 Case :- CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1125 of 2025 Applicant :- Niranjan Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manvendra Kumar Counsel for Opposite Party :- G.A. Hon'ble Vivek Varma,J. 1. Heard learned counsel for the applicant, Sri V.P.Tripathi, learned A.G.A. for the State-opposite party, and perused the record. 2. This application under Section 482 BNSS has been filed seeking anticipatory bail in Case Crime No. 446 of 2024, under Sections 118(1), 352, 109 BNS, Police Station Salempur, District Deoria. 3. Counsel for the applicant submits that on account of enmity the applicant has been falsely implicated in the instant case. The applicant has no criminal antecedents. It is next contended that the investigation is going on and the applicant has apprehension of his arrest in the above mentioned case. 4. Learned AGA has opposed the prayer for anticipatory bail. 5. Having heard learned counsel for the parties and having perused the record, this Court prima facie finds that specific role of inflicting injury by knife has been assigned to the applicant. As per the medical report, the injured received injuries on his left hip, left shoulder and abdomen. In the opinion of the doctor, the injuries were found grievous in nature. The prosecution case is supported by the informant as well as the injured and the medical examination report of the injured corroborates the prosecution case. In my opinion, this is not an appropriate case for grant of anticipatory bail. Hence the application is hereby rejected, leaving it open to the applicant to apply for regular bail before the concerned court, which application when filed, may be considered on its own merits, without being prejudiced by any observation made in this order. Order Date :- 17.3.2025 Lbm/- Digitally signed by :- LAL BAHADUR MAURYA High Court of Judicature at Allahabad