SUSHIL SHUKLA @ SUNIL v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER
NABAIL/1982/2025 · 2025-12-11
Karunesh Singh Pawar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 177498 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 177498 (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. - 1982 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. Notice to respondent no. 2 is dispensed with in view of the proposed order. The present anticipatory bail application has been filed by the applicant apprehending his arrest in Case Crime No. 0288 of 2025, under Sections 109, 115(2), 352, 351(3) B.N.S., Police Station Hardi, District Bahraich. In the prosecution case, it is alleged that owing to an old family dispute, the named accused persons came to the door of the informant and started hurling abuses. Hearing the commotion, the complainant and his wife came out and saw that all three persons were armed and, with a common intention, began assaulting them. The wife of the complainant sustained injuries on the head. The complainant thereafter took his wife to the District Hospital, Bahraich, where she was medically treated. Learned counsel for the applicant submits that both parties are family members. The medical examination of the complainant (Guddu) indicates that he suffered three simple injuries, all approximately three days old?one contusion, one lacerated wound on the right side of the face, and one complaint of pain in the whole body. The medical examination of the wife of the complainant (Gudiya) shows four injuries: two stitched wounds, one abrasion on the left side of the skull, and an abraded contusion on the right forearm. It is further submitted that the applicant is a man with no criminal antecedents. He has cooperated during the investigation and undertakes to continue cooperating. Versus Counsel for Applicant(s) : Anurag Shukla Counsel for Opposite Party(s) : G.A. Sushil Shukla @ Sunil .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s)
It is submitted that the co-accused Gayatri and Suraj Shukla @ Suraj have already been enlarged on bail by a Co-ordinate Bench of this Court. The bail orders have been annexed as Annexure No. 8 to the bail application. Learned A.G.A. has opposed the application on the ground that the injuries sustained by the complainant and his wife are grievous in nature, and therefore, the applicant is not entitled to anticipatory bail.
On due consideration of the overall facts, the nature of allegations in the F.I.R., the fact that all the injuries suffered by both the injured are simple in nature, the absence of any specific allegation against the applicant, and further considering that two real brothers and two real sisters have been implicated as accused in the case, as also the fact that the applicant has no criminal antecedents and the investigation is still in progress, and in view of the applicant's undertaking to cooperate with the investigation, including that co-accused named above have already been enlarged on bail, this Court is of the considered opinion that the applicant is entitled to anticipatory bail in the light of the judgment of the Hon'ble Supreme Court passed in Sushila Aggarwal and Others vs. State (NCT of Delhi) and Another, (2020) 5 SCC 1, subject to his continued 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 and 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 ten days from today and shall cooperate in the investigation. He shall not influence any witness. The applicant shall remain present as and when the arresting officer/I.O./S.H.O. concerned calls him for investigation/interrogation. The applicant shall not leave India without prior permission of the Court. The application is allowed accordingly. December 11, 2025 Vinay/- NABAIL No. 1982 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench