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2025 DAILYLAW 177516 (ALL)

NANHU CHAUHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER

NABAIL/2060/2025 · 2025-12-18

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. - 2060 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. 0210 of 2024 under Sections 115(2), 352, 351(2), 110 BNS, Police Station-Umri Baigamganj, District-Gonda. Submission of the learned counsel for the applicant is that general allegations of causing injuries to three injured persons have been levelled on four named accused persons. The applicant has no criminal antecedents. All the injured persons have suffered simple injuries. The charge sheet in the case has been filed. It is submitted that co-accused Raj Narayan Chauhan has already been granted anticipatory bail by this Court vide order contained as Annexure No. 5 to this application. Applicant seeks parity with the anticipatory bail of the said co-accused. Learned counsel for the applicant further submits that the applicant is willing to cooperate with the trial. Learned AGA has opposed the bail application. However, he could not Versus Counsel for Applicant(s) : Sanat Singh Counsel for Opposite Party(s) : G.A. Nanhu Chauhan .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) dispute the fact that there are general allegations against the applicant and injured persons have suffered simple injuries. Perused the record. On due consideration to the material collected during investigation by the investigating officer, the fact that the applicant has no criminal antecedents and injuries were simple in nature, so also the undertaking given on his behalf to cooperate in the trial coupled with the fact that co-accused Raj Narayan Chauhan has already been granted anticipatory bail, I am of the opinion that the applicant is entitled to be released on anticipatory bail in this case in the light of the judgment of Supreme Court in the case of Musheer Alam versus The State of U.P. and another 2025 SCC OnLine SC 116, subject to his cooperation in the trial. Accordingly, it is provided that the applicant shall surrender before the concerned court within ten days from the date of receipt of a certified copy of this order. Upon such surrender, the applicant shall be released on anticipatory bail on his furnishing a personal bond and two sureties each in the like amount to the satisfaction of the trial court. The applicant shall cooperate in the trial and shall not attempt to influence the witnesses. He shall not leave India without the prior permission of the Court. The trial court shall be at liberty to impose any other condition it deems fit and proper. In case of default, it shall be open for the trial court to proceed in accordance with law. The application is allowed on the ground of parity. December 18, 2025 Vinay/- NABAIL No. 2060 of 2025 2 (Karunesh Singh Pawar,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench