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2025 DAILYLAW 176401 (ALL)

ADARSH TRIVEDI v. STATE OF U.P. THRU. PRIN. SECY. HOME U.P. LKO. AND ANOTHER

NABAIL/1612/2025 · 2025-11-06

Karunesh Singh Pawar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1612 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. Heard learned counsel for the applicant, learned counsel for the complainant as well as learned A.G.A for the State. 2. The present application has been filed with the prayer to enlarge the applicant on bail in Case Crime No.403 of 2025 under Sections 191(2), 191(3), 115(2), 109, 352, 117(2) BNS, Police Station- Kotwali Nagar, District- Raibareli. 3. Learned counsel for the applicant submits that general allegations have been made against 7 named and 2-3 unnamed accused persons. The allegation in the prosecution case is that with the intent to kill the brother of the informant Satendra Singh, firing was made by an illegal weapon. The injured fell on the spot and then the accused, with lathi danda and fire arms, had beaten him in vicarious state. 4. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case. The applicant has criminal history of 4 cases which has been explained in paragraph- 24 of the present bail application. 5. It is further submitted that the allegation of firing leveled against the applicant is false, which is evident from the perusal of the injury report. It Versus Counsel for Applicant(s) : Pranav Trivedi Counsel for Opposite Party(s) : G.A., Aiyyaz Mansuri, Shailendra Kumar Mishra Adarsh Trivedi .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home U.P. Lko. And Another .....Opposite Party(s) is also submitted that in the injury report, overwriting/cutting and manipulation have been made. None of the injuries are fatal and ingredients of Section 106(9) are missing. 6. Learned A.G.A and learned counsel for the complainant have opposed the bail application. 7. On due consideration to the submissions advanced by the parties, perusal of the statement of the injured as well as the injury report, prima facie overwriting/cutting has been made in the opinion of the doctor in the injury report of the injured; the submission of learned counsel for the complainant that the applicant has criminal history of six cases whereas perusal of the record shows that the applicant has criminal history of four cases including one under Section 302 I.P.C and one under Section 307 I.P.C; perusal of the injury report shows that there are three lacerated wounds suffered by the injured on the head and swelling on the top of the head, although general allegations have been made in the prosecution case coupled with the fact that the applicant has criminal history of heinous offences, it does not appear to be case of false implication, therefore, no case for anticipatory bail is made out. In such circumstances, I do not find it to be fit case for grant of bail. 8. Accordingly, the bail application is rejected. November 6, 2025 DiVYa NABAIL No. 1612 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench