DEVENDRA PRATAP SINGH @ CHHOTU SINGH v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
NABAIL/1530/2025 · 2025-11-06
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 175534 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 175534 (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. - 1530 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1.The present anticipatory bail application has been filed seeking anticipatory bail in case crime No.64 of 2025 under sections 191(2), 191(3), 109, 117(2), 352, 351(3), 3(5) of BNS, P.S. Hujoorpur, district Bahraich. 2.Heard learned counsel for the applicant, learned counsel for the complainant who has filed counter affidavit which is taken on record, and learned Additional Government Advocate for the State. 3.Learned counsel for the applicant submits that the applicant has been falsely implicated. Dispute between the parties attracts only minor penal offences. Ingredients to attract offence under section 109 BNS are missing.
Learned counsel has drawn attention of this court towards injury report as well as stattement of the injured. There are general allegations against seven persons of causing injury. It is also submitted that during investigation, the applicant has cooperated. His arrest was protected by
order dated 24.3.2025 passed by a Division Bench of this court in Crl. Misc. W.P. No.2411 of 2025 considering the fact that prima facie no offence under section 109 BNS is made out.
Learned counsel for the applicant undertakes that the applicant shall cooperate in the trial. Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A., Baljeet Singh, Suneel Kumar Devendra Pratap Singh @ Chhotu Singh .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
4. Learned Addl. Government Advocate and complainant's counsel have opposed the prayer made by applicant's counsel. Learned A.G.A. submits that there is fracture of fibula bone to one of the injured. The complainant's counsel has submitted that another first information report No.94 of 2025 under sections 191(2), 351(3), 131 BNS, P.S. Hujoorpur, district Bahraich was registered against the applicant along with eight other co-accused persons. 5.The applicant's counsel submits that the first information report No.94 of 2025 (supra) is maliciously registered so that pressure may be exerted on the applicant. There are general allegations. It is case of no injury. 6.Considering the above aspects of the matter, perusal of the record, the applicant was not arrested during investigation, the undertaking given on behalf of the applicant that he shall cooperate in the trial, injury report of the injured, nature of injury, order passed by the Division Bench, referred to above, prima facie it appears that there are general allegations against seven accused persons of causing injury, ingredients to attract section 109 BNS appear to be missing, charge sheet has been filed, judgment of Supreme Court in Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116 and without entering into the merit of the case, it would be appropriate to grant protection to the applicant. 7. In view of the above, it is provided that the applicant shall surrender before the concerned court within 10 days from the date of receipt of a certified copy of this order. On such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties of the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and he will not influence the witnesses.The applicant shall not leave India without previous permission of the Court. Any other condition which the trial court may deem fit and proper may also be imposed. 7. In case of default, it would be open for the trial court to proceed in accordance with law.
NABAIL No. 1530 of 2025 2
8. The application is allowed accordingly. November 6, 2025 kkb/ NABAIL No. 1530 of 2025 3 (Karunesh Singh Pawar,J.) Digitally signed by :- KRISHNA KUMAR BARANWAL High Court of Judicature at Allahabad, Lucknow Bench