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2025 DAILYLAW 176526 (ALL)

MUSIBAT ALI v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

/1834/2025 · 2025-11-26

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC. ANTICIPATORY BAIL APPLICATION U/S 482 BNSS No. - 1834 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the record. In view of order proposed to be passed, notice to respondent No. 2 is dispensed with. Present anticipatory bail application has been filed seeking anticipatory bail in Case Crime No. 253 of 2025 under Sections 303(2), 317(4) BNS, Police Station-Kurwar, District-Sultanpur. Submission of the learned counsel for the applicant is that applicant has no criminal antecedents and therefore ingredients to attract the offence under Section 303(2) BNS, akin to Section 379 IPC, are apparently missing. Alleged recovery of iron rod shown from the applicant is false. There is no independent witness to that recovery and even otherwise the offence under Section 303(2) BNS entails the maximum punishment upto three years. Applicant undertakes to cooperate with the investigation. Learned counsel for the applicant further submits that the applicant is willing to cooperate with the investigation. Learned AGA has opposed the bail application. However, he could not dispute the contention of the learned counsel for the applicant. Considered the aforesaid and perused the record. Versus Counsel for Applicant(s) : Ramakar Shukla Counsel for Opposite Party(s) : G.A. Musibat Ali .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) On due consideration to the material collected during investigation by the investigating officer, the fact that the applicant has no criminal antecedents, prima facie, ingredients to attract the offence under Section 303(2) BNS, akin to Section 379 IPC, appear to be lacking so also the undertaking given on his behalf to cooperate in the investigation, I am of the opinion that the applicant is entitled to be released on anticipatory bail subject to his cooperation in the investigation. In view of the above, it is provided that in the event of arrest, the applicant shall be released on anticipatory bail in the aforesaid Case Crime number on his furnishing a personal bond with two sureties each in the like amount to the satisfaction of the arresting officer/investigating officer/S.H.O. concerned with the following conditions:- The applicant shall report to the investigating officer within twenty days from today. He shall cooperate in the investigation and he will not influence the witness. The accused-applicant will remain present as and when the arresting officer/I.O./S.H.O. concerned call(s) for investigation/interrogation. The applicant shall not leave India without previous permission of the Court. The application is allowed. November 26, 2025 Vinay/- NABAIL No. 1834 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench